Exotics Hawaii-Kona, Inc,; Sharon Murakami, as Special Representative for the Estate of Chiaki Kato; Harvy Tomono…

Summary

The court held that plaintiffs who were allegedly fraudulently induced to settle tort claims may either rescind the settlements and seek restoration of the status quo ante or affirm the settlements and pursue fraud damages. Because these plaintiffs affirmed their settlements, their damages were limited to the fair compromise value of their claims at the time of settlement, less the amounts received; their expert submissions did not adequately establish that value for each plaintiff. The court therefore affirmed summary judgment for DuPont, without reaching the parties' other substantive arguments. Justice Acoba, dissenting, would have vacated and remanded because the plaintiffs lacked notice that the fair-compromise-value standard and detailed compromise-factor testimony would control.