Cabral v. Pali Momi Medical Center
CourtHawaii Intermediate Court of Appeals
Date FiledOctober 7, 2026
DocketCAAP-24-0000431
StatusPublished
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Full Opinion
FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
07-OCT-2026
08:04 AM
Dkt. 123 ODMR
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
LESLIE CABRAL, as Personal Representative
of the Estate of LEONARD CABRAL, JR.; and
NICHOLAS CABRAL, Plaintiffs-Appellants,
v.
PALI MOMI MEDICAL CENTER, Defendant-Appellee
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)
ORDER DENYING MOTION FOR RECONSIDERATION
(By: Nakasone, Chief Judge, Hiraoka and Wadsworth, JJ.)
Upon consideration of Pali Momi Medical Center's Motion
for Reconsideration of the Opinion Issued August 18, 2026, filed
on September 8, 2026,1 the response filed by Leslie Cabral, the
estate of Leonard Cabral Junior, Leonard Cabral Senior, and
Nicholas Cabral (together, the Cabrals) on September 22, 2026,
and the record, it appears that:
1. The Cabrals' claim that Pali Momi is vicariously
liable for Dr. Castanera's alleged medical negligence was not
part of the first trial because the trial court had granted
partial summary judgment for Pali Momi on that claim. The
Opinion vacated the vicarious liability partial summary judgment
and remanded for a trial on the vicarious liability claim only.
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We granted Pali Momi's motion for extension of time to move for
reconsideration.
FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
2. On remand, Nicholas can pursue his claim for
negligent infliction of emotional distress (NIED), as he did in
the first trial, based on the theory of vicarious liability.
Pali Momi contends the Opinion "seems to suggest that on remand
Nicholas can also proceed with a vicarious liability claim" even
though his "wrongful death claim was dismissed long before trial,
in a decision the Cabrals did not appeal." Nothing in the
Opinion resurrects Nicholas's wrongful death claim.
3. Pali Momi contends the rulings on Leslie's and
Senior's NIED and wrongful death claims from the first trial
should bind them in the trial on remand. Those rulings, and the
issues presented by the Cabrals' appeal, were based on the record
of the first trial. Those rulings were not affirmed; we declined
to decide whether they were erroneous because even if they had
been, the jury's finding that Pali Momi was not liable on the
claims presented made the issue moot.
4. The second trial will be based on a theory of
vicarious liability not presented in the first trial. It remains
to be seen what evidence the Cabrals will present. If Leslie and
Senior present evidence that supports their NIED and wrongful
death claims based on Pali Momi's vicarious liability for acts or
omissions of Dr. Castanera, Pali Momi will have to deal with the
record actually made, not the record from the first trial.
Therefore, IT IS HEREBY ORDERED that Pali Momi's Motion
for Reconsideration is denied. Nothing in the Opinion or in this
order should be construed to alter the legal effect of the
October 31, 2023 Stipulation for Partial Dismissal with Prejudice
of Defendant Shayne M. Castanera, M.D. and to Amend Caption,
which was never before this court.
Dated: Honolulu, Hawai#i, October 7, 2026.
/s/ Karen T. Nakasone
Chief Judge
/s/ Keith K. Hiraoka
Associate Judge
/s/ Clyde J. Wadsworth
Associate Judge
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