Thomas J. Jones, a Single Man v. Halekulani Hotel, Inc., a Hawaiian Corporation, John Doe and the Xyz Corp., a Corporation

On March 27, 1970, Tom Jones, then a minor, dove from a seawall on Halekulani Hotel property into shallow ocean water, fracturing his neck, rendering him a quadriplegic. Jones, an Arizona resident, brought a diversity action in district court in Hawaii, claiming that the Halekulani Hotel breached its duty to warn users of the seawall of the shallowness of the water, or otherwise to protect users of the walkway from dangers incident to its use.

The hotel moved for summary judgment on alternate theories that (1) the state of Hawaii had acquired an easement by prescription over the top of the seawall and thus had the sole duty to maintain the seawall, or (2) the provisions of Haw.Rev. Stat. ch. 520 (Supp.1975) precluded liability on its part in this case. The district judge found both grounds valid and granted the motion.

On appeal appellant argues that genuine issues of material fact existed as to (a) the presence of a beach bordering the seawall in the 1950s and (b) the extent to which Halekulani exerted control over the seawall. Because we decide this appeal on the basis of the appropriateness of summary judgment, we do not reach the issue of the constitutionality of…