Friday, February 29, 2008  Reviewing a Motion for
Reconsideration: new Application to an old Standard?  Home
Owners of Kai Nui Court v. City and County of HNL (ICA February
28, 2008)  Background. The City's garbage truck somehow hit the
gate at the Kai Nui Court. Kai Nui sued for damages in the
district court and went to trial. After Kai Nui presented its
case, the City orally moved for dismissal. The district court
granted it and concluded that Kai Nui failed to make a prima
facie showing of damages thereby rejecting Kai Nui's argument
that paying a bill presumes that incurred expenses were
reasonable and necessary. Kai Nui filed a motion for
reconsideration in which it cited authorities from this and
other jurisdictions for the proposition that a plaintiff's
payment of special damages is prima facie evidence of the amount
and reasonableness of the claimed damages. The City argued,
inter alia, that Kai Nui did not provide new evidence or
argument that could not have been presented at trial. After a
hearing,