Savini v. University of Hawai'i

Summary

The Hawaiʻi Supreme Court considered whether the Savinis’ tort claim against the University of Hawaiʻi accrued on the date of a motor vehicle accident or when their medical expenses exceeded the applicable no-fault medical-rehabilitative threshold. The court held that the claim accrued only when actual incurred or paid expenses exceeded that threshold and workers’ compensation benefits had ceased. The court affirmed the circuit court’s order denying the University’s motion to dismiss as untimely.

Holdings

1. Under Hawai'i law, a plaintiff relying on the medical-expense threshold has no viable tort claim, and the limitations period does not begin to run, until the plaintiff or a collateral source has actually incurred expenses exceeding the statutory medical-rehabilitative threshold.
2. The Savinis' claim accrued when the medical-expense threshold was exceeded and workers' compensation benefits had ceased; UH's sovereign status did not alter that accrual date.
3. The Savinis' April 3, 2001 complaint and June 5, 2001 first amended complaint were timely because the medical threshold was apparently exceeded on October 23, 2000.

Questions Presented

1. Whether a tort claim arising from a motor-vehicle accident accrues for purposes of HRS § 662-4 when the accident occurs or when the plaintiff actually incurs or receives sufficient medical-rehabilitative expenses to exceed the statutory tort threshold.
2. Whether the University of Hawai'i's sovereign status changes the accrual rule or prevents application of the motor-vehicle insurance law's delayed accrual provisions.
3. Whether the circuit court properly denied UH's motion to dismiss after considering matters outside the pleadings.

Disposition

affirmed