Caetano v. Hawaiian Airlines, Inc.

── Caetano v. Hawaiian Airlines, Inc. ── Court: Hawaii Intermediate Court of Appeals Date: May 05, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 05-MAY-2026 08:36 AM Dkt. 55 MO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I ALLISON CAETANO, Plaintiff-Appellant, v. HAWAIIAN AIRLINES, INC., Defendant-Appellee, and DOE PERSONS 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; ROE "NON-PROFIT" CORPORATIONS 1-10; DOE UNINCORPORATED ORGANIZATIONS 1-10; and ROE GOVERNMENTAL ENTITIES 1-10, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CCV-XX-XXXXXXX) MEMORANDUM OPINION (By: Nakasone, Chief Judge, Hiraoka and Guidry, JJ.) Allison Caetano's cat was killed while in the custody of Hawaiian Airlines, Inc. (HA) in Los Angeles. She sued HA in Hawai#i. The Circuit Court of the First Circuit granted HA's motion to dismiss based on forum non conveniens.1 Caetano appeals from the Final Judgment for HA. She challenges the Findings of Fact, Conclusions of Law and Order granting HA's motion to dismiss, and the Order Granting Defendant Hawaiian Airlines, Inc.'s Motion for Attorneys' Fees. We hold that the circuit court acted within its discretion by dismissing Caetano's lawsuit based on forum non conveniens, but acted outside its discretion by dismissing the action with prejudice, and by not conditioning the dismissal on HA's agreement to waive any statute of limitations defense 1 The Honorable Dean E. Ochiai presided.  NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER provided Caetano filed suit in California within a reasonable time. We vacate the Final Judgment and the orders granting HA's motion to dismiss and awarding attorney fees, and remand to the circuit court with instructions. I. BACKGROUND Caetano booked an HA flight from Los Angeles International Airport (LAX) to Honolulu. On April 8, 2022, she checked in her cat, Nubis, to travel in the baggage compartment. After Nubis was checked in, he escaped from his kennel and was fatally hit by a bus on the LAX tarmac. Caetano sued HA on November 2, 2022. Her complaint alleged negligence, gross negligence, negligent infliction of emotional distress, breach of contract, negligent supervision, and intentional infliction of emotional distress. On October 13, 2023, HA moved to dismiss based on forum non conveniens. The motion was heard on November 14, 2023. The record does not contain a transcript of the hearing because Caetano failed to deposit the required fee.2 HA's motion was granted; Caetano's complaint was dismissed with prejudice. The Final Judgment was entered on August 13, 2024. HA timely moved for an award of $55,315.65 in attorney fees. The circuit court granted the motion in part, awarding $26,323.55 including Hawai#i general excise tax.3 Caetano appeals. II. POINTS OF ERROR Caetano's opening brief states two points of error. She contends the circuit court erred by (1) granting HA's motion to dismiss, and (2) granting HA's motion for attorney fees. III. STANDARDS OF REVIEW We review an order granting a motion to dismiss based on forum non conveniens for abuse of discretion. UFJ Bank Ltd. v. Ieda, 109 Hawai#i 137, 142, 123 P.3d 1232, 1237 (2005). 2 See Hawai#i Rules of A