Kienker v. Bauer, 110 Haw. 97

Summary

The Supreme Court of Hawaiʻi held that Hawaiʻi Revised Statutes § 663-10.5, abolishing joint and several liability for government entities, did not supersede the highway-accident exception in § 663-10.9(4). The court affirmed joint and several liability for noneconomic damages against the State and Danielle Bauer, upheld the allocation of fault at 20% to the State and 80% to Bauer, and ordered that economic damages be awarded against the State according to § 663-10.9(1).

Holdings

1. HRS § 663-10.5 did not supersede or impliedly repeal HRS § 663-10.9(4). The State therefore remained jointly and severally liable for noneconomic damages because the case involved highway design and maintenance and the State had reasonable prior notice of a similar occurrence.
2. The circuit court did not abuse its discretion by increasing the State's allocation of fault from 15 percent to 20 percent.
3. The circuit court had jurisdiction to grant the State's Rule 60 motion after the State's appeal had been dismissed, and it properly corrected the judgment to conform to the amended findings and conclusions.
4. HRS § 663-10.5 did not supersede or impliedly repeal HRS § 663-10.9(1). Because the State and Bauer were joint tortfeasors in an action involving injury to a person, the State was jointly and severally liable for the Kienkers' stipulated $200,000 in economic damages.

Questions Presented

1. Whether HRS § 663-10.5, which generally limits a government entity's liability to its percentage share of damages, superseded or impliedly repealed HRS § 663-10.9(4)'s exception preserving joint and several liability for noneconomic damages in highway-design and maintenance cases when the government had reasonable prior notice of a similar occurrence.
2. Whether the circuit court abused its discretion by amending its findings to increase the State's allocation of fault from 15 percent to 20 percent.
3. Whether the circuit court had jurisdiction and properly exercised its authority under HRCP Rule 60 to correct the final judgment after the State's first appeal had been dismissed.
4. Whether HRS § 663-10.5 superseded or impliedly repealed HRS § 663-10.9(1)'s exception preserving joint and several liability for economic damages in actions involving injury or death to persons.

Disposition

reversed_and_remanded