Norma Tarshis v. Lahaina Investment Corporation, a Hawaii Corporation, D/B/A Royal Lahaina Hotel
Opinion
Opinion
This appeal is from a summary judgment of dismissal awarded to Lahaina Investment Corporation, d/b/a Royal Lahaina Hotel, on the ground that no genuine issue of material fact was involved.
Appellant, a citizen of New York, registered with her husband at the Royal Lahaina Hotel at Kaanapali, Maui, on January 27, 1969. The Royal Lahaina with a beach frontage of 400 feet, advertised in brochures that:
However, on the day of appellant’s accident, appellee alleges that four signs were posted along the frontage of the beach, two of which read:
The red flags (allegedly six in number) were positioned along the edge of Royal Lahaina’s beach frontage, and were admittedly seen by appellant on January 28 when she, her husband and friends, went to the beach to swim in the ocean. Appellant, however, in her affidavit, stated that she did not see the signs warning of dangerous surf conditions, nor did she receive verbal warnings from appellee concerning those conditions. Noting the existence of “slight waves,” appellant and her companions entered the water where, five to ten minutes later, appellant was injured as the result of being thrown on the beach by a “huge wave.”