# Franco v. Fujimoto

> Hawaii Supreme Court · March 24, 1964 · 47 Haw. 408

URL: https://www.frixlaw.com/law-library/cases/9633543

## Case

- **Full name:** Miriam B. Franco v. Franklin Fujimoto
- **Court:** Hawaii Supreme Court
- **Decided:** March 24, 1964
- **Citations:** 47 Haw. 408; 390 P.2d 740; 1964 Haw. LEXIS 86
- **Precedential status:** Published
- **Opinion:** Concurrence by Mizuha
- **Judges:** Tsukiyama, Cassidy, Wietz, Lewis, Mizuha
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled in part, on other grounds by Barretto v. Akau, 51 Haw. 383 (1969).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9633543

## Opinion text

CONCURRING OPINION OF
MIZUHA, J.
I concur only in the result since I am in total disagreement with that portion of the opinion of the court which holds that the use of a mathematical or per diem formula in argument of counsel is improper. Since nothing could be added to the numerous opinions in other jurisdictions which are against the “Botta rule,” I deem it unnecessary to do more than state my conclusion.
I concur with Justice Lewis that Defendant’s Requested Instruction No. 25 was properly refused by the trial court since there was no evidence to show that plaintiff’s neck and shoulder pain would have been alleviated by further medical care.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9633543. Public record. Not legal advice.