PART II. UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT

 

Case Notes

 

Joint and several liability imposed on asbestos manufacturers in products liability action. 960 F.2d 806 (1992).

Discussed, where defendant did not have a right of contribution for intentional torts alleged in the complaint against it. 293 F. Supp. 2d 1144 (2003).

 

663-11 Joint tortfeasors defined. For the purpose of this part the term "joint tortfeasors" means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them. [L 1941, c 24, 1; RL 1945, 10487; RL 1955, 246-10; HRS 663-11]

 

Rules of Court

 

Parties, see HRCP rules 19, 20; DCRCP rule 20.

 

Law Journals and Reviews

 

Ozaki and Comparative Negligence: Imposing Joint Liability Where a Duty to Protect or Prevent Harm from Third Party Intentional Tortfeasors Exits Is Fairer to Plaintiffs and Defendants. 26 UH L. Rev. 575 (2004).

 

Case Notes

 

As to rights of the children against driver of other car. 244 F.2d 604 (1957).

Settlement of action by defendants established both defendants as joint tortfeasors. 884 F.2d 492 (1989).

There must be common liability to injured person. 73 F. Supp. 707 (1947).

Father may not be joined as joint tortfeasor where children are plaintiffs. 135 F. Supp. 376 (1955).

Master and servant not joint tortfeasors, where master liable only under doctrine of respondeat superior. 7 H. 196 (1887).

Culpability among joint tortfeasors. 45 H. 128, 363 P.2d 969 (1961).

Minor son of plaintiff may be liable as joint tortfeasor to plaintiff. 51 H. 74, 450 P.2d 998 (1969).

Parents are liable for torts to their minor children, and they may be joined as joint tortfeasors in action by children against third party. 51 H. 484, 462 P.2d 1007 (1969).

An employee and employee's vicariously liable employer are joint tortfeasors as defined by this section. 78 H. 1, 889 P.2d 685 (1995).

Where condominium association's and murderer's tortious conduct resulted in same injury to victim, condominium association and murderer were joint tortfeasors. 87 H. 273 (App.), 954 P.2d 652 (1998).

Construing the language of 431:10C-301 and 431:10C-103 governing uninsured motorist (UM) and underinsured motorist (UIM) insurance according to their plain and commonly understood meaning and in pari materia with 663-10.9 and this section, UM and UIM policies must provide coverage for all damages which an insured is legally entitled to recover from the owner or operator of an uninsured or underinsured motor vehicle, which necessarily encompasses damages for which the owner or operator of an uninsured or underinsured motor vehicle is jointly and severally liable pursuant to 663-10.9 and this section. 120 H. 329 (App.), 205 P.3d 594 (2009).

Cited: 133 H. 1, 323 P.3d 792 (2014).

 

 

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