Shannon L. Wack
Product Liability/Negligence Represented concrete pump supplier against claims of product misuse and negligence. Obtained opposing expert's concurrence with defense expert's opinion that the multiple acts of negligence that led to Plaintiffs' injuries were due to the negligence of others who Plaintiffs failed to name in the lawsuit and were barred by the statute of limitations from doing so. Settlement prior to trial.
Product Liability/Negligence Represented installer of baggage conveyor system where plaintiff was injured while performing maintenance to baggage conveyor belt, and alleged product liability, breach of warranty and negligence against the installer and the manufacturer of the baggage conveyor system. Obtained summary judgment on the claim of negligence based upon on the statute of limitations. Plaintiffs settled remaining claims with installer and manufacturer after jury selection completed.
Premise Liability/Negligence Represented numerous National and Worldwide Hotel Owners & Management Companies against claims involving the failure to warn of an open and obvious condition resulting in injuries alleged from the trip and/or slip and fall. Settlements prior to trial.
Premise Liability/Negligence Represented Association of Apartment Owners against claims of failure to repair and maintain common elements resulting in unit owner's alleged physical injuries and property damage due to roof leaks. Settled prior to trial for nominal damages after discovering that plaintiff retained attorney when damage first occurred yet complaint was untimely filed effectively barring Plaintiff's recovery due to the statute of limitations.
Premise Liability/Negligence Represented Association of Apartment Owners against claims of failure to warn and maintain concrete awning on exterior of building located above each unit, that plaintiff claimed was a lanai. Obtained summary judgment with Judge finding condition was open and obvious eliminating the duty to warn and/or cure. Plaintiffs' appeal is pending.
Negligence/Breach Fiduciary Duty Represented Association of Apartment Owners against claim of unit owner that Board failed to purchase insurance for the unit owner for injuries that do not arise from use of common elements. Successfully appealed ruling the Administrative Hearings Officer of the Office of Administrative Hearings, Condominium Dispute Resolution Pilot Program, Department of Commerce and Consumer Affairs grant of summary judgment in favor of unit owner on basis that decision of Hearings Officer was clearly erroneous.
Copyright/Trade Mark Infringement Defended large direct marketer of party supplies and home decor products against plaintiff's claims copyright and trademark infringement involving the design, replication, manufacture, fabrication and sales of flowers and the sequencing of stringing leis. Confidential settlement prior to trial.
Motor vehicle Tort/Negligence Defended a Big Island landscape company and its employee/driver against claims of negligence by the family of the decedent and his estate as the result of the decedent colliding with the employee/driver's truck as it turned left into the Waiakoloa Hotel with the decedent's wife arriving at the accident scene moments after the collision. Settlement prior to trial.
Negligence/UIM Claim Represented Insurance Carrier against claims for under-insurance benefits by an insured and the Estate of the insured's son as a resident relative at the time of the motor vehicle accident claiming total damages to insured and the Estate from $2 million to $5 million dollars. Successfully defended Insurer against insured's claim with arbitrators finding insured was fully compensated for loss of consortium and emotional distress damages when recevied $100,000.00 settlement in bodily injury lawsuit against other driver, and the Estate awarded damages of $275,495.18, which was net of the covered loss deductible and bodily injury damages as previously confirmed by the Probate Court
Construction Defect/Negligence Represented general contractor who graded the subdivision containing Plaintiff's home, against claims of subsidence as a result of the development, civil engineering, soils engineering, soils testing, excavation, fill, grading, construction and sale of Plaintiffs' home by the six defendants. Discovered expert opinions based upon preliminary reports and not final reports and as built plans, and Plaintiffs constructed retaining wall trapping water and concrete slabs without engineer's opinions. Settled prior to trial for nominal amounts by all defendants.
Construction Defect/Negligence Represented general contractor who supplied and constructed metal studs in subdivision against multiple owners' claims of construction defects against multiple contractors, subcontractors and materialmen. Developers decisions on design and construction resulted in the majority of the Plaintiffs' complaints, with framing contractor having relatively little involvement with alleged complaints. Settlement prior to trial.
Construction Defect/Breach of Warranty Represented general contractor who declined to participate in installation of sound attenuation material unknown to contractor and its subcontractor, but due to the insistence of owners to use the product, the developer, contractor and subcontractor agreed to install the product after obtaining an indemnification agreement from owners. After installation and the product failed, the developer sought reimbursement of expenses to repair and install the original materials called for in plans. Settlement prior to trial with general contractor recovering a portion of its construction costs on counterclaim.
Commissioner, Access to Justice (2008-present); Co-Chair, Hawaii State Bar Association Committee Delivery of Legal Services to the Public (2007-present); Honorable Mention Spirit Of Volunteer Legal Services Award (2005); Faculty Member: Lorman Education Services: Litigation Skills for Legal Professionals (2009); Speaker: First Insurance Co. of Hawaii Ltd. "How To Protect Your Files” (2003); Member: Volunteer Legal Services (2001 to Present); American Bar Association (2006-2010); Staff Counsel First Insurance Co. of Hawaii, Ltd. (1993-2006); Moon O’Connor Tam & Yuen (1991-1993); Law Clerk Judge Robert Klein (1989-1991) Receipient: Pacific Asian Scholarship William Richardson School of Law (1989).
Civil Litigation; Commercial Litigation; Construction Defect Litigation; Insurance Defense; Personal Injury; Premises Liability; Product Liability; Toxic Torts
University of Hawaii, Manoa (B.B.A. Finance 1987); William S. Richardson School of Law, University of Hawaii (J.D. 1990) American Jurisprudence Award: Advanced Legal Writing (1989).
Hayes v. Dutro, 105 Hawai'i 66, 93 P.3d 1173 (Hawai'i App. 2004)(statute of limitations)
Glover v. Grace Pacific, 86 Hawai'i 154, 948 P.2d 575 (Hawai'i App. 1997)(evidence, expert witnesses)