REPORT TITLE:
Joint and Several Liability


DESCRIPTION:
Changes the degree of negligence for which a joint tortfeasor
will become subject to the imposition of joint and several
liability.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.66         
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO JOINT AND SEVERAL LIABILITY. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 663-10.9, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]�663-10.9[]]  Abolition of joint and several liability;
 
 4 exceptions.  Joint and several liability for joint tortfeasors as
 
 5 defined in section 663-11 is abolished except in the following
 
 6 circumstances:
 
 7      (1)  For the recovery of economic damages against joint
 
 8           tortfeasors in actions involving injury or death to
 
 9           persons[.];
 
10      (2)  For the recovery of economic and noneconomic damages
 
11           against joint tortfeasors in actions involving:
 
12           (A)  Intentional torts;
 
13           (B)  Torts relating to environmental pollution;
 
14           (C)  Toxic and asbestos-related torts;
 
15           (D)  Torts relating to aircraft accidents;
 
16           (E)  Strict and products liability torts; or
 
17           (F)  Torts relating to motor vehicle accidents except
 
18                as provided in paragraph (4)[.];
 

 
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 1      (3)  For the recovery of noneconomic damages in actions,
 
 2           other than those enumerated in paragraph (2), involving
 
 3           injury or death to persons against those tortfeasors
 
 4           whose individual degree of negligence is found to be
 
 5           [twenty-five]           per cent or more under section
 
 6           663-31.  Where a tortfeasor's degree of negligence is
 
 7           less than [twenty-five]         per cent, then the
 
 8           amount recoverable against that tortfeasor for
 
 9           noneconomic damages shall be in direct proportion to
 
10           the degree of negligence assigned[.]; and
 
11      (4)  For recovery of noneconomic damages in motor vehicle
 
12           accidents involving tort actions relating to the
 
13           maintenance and design of highways including actions
 
14           involving guardrails, utility poles, street and
 
15           directional signs, and any other highway-related device
 
16           upon a showing that the affected joint tortfeasor was
 
17           given reasonable prior notice of a prior occurrence
 
18           under similar circumstances to the occurrence upon
 
19           which the tort claim is based.  In actions in which the
 
20           affected joint tortfeasor has not been shown to have
 
21           had such reasonable prior notice, the recovery of
 
22           noneconomic damages shall be as provided in paragraph
 
23           (3)." 
 

 
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                                     H.B. NO.66         
                                                        
                                                        

 
 1      SECTION 2.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 3.  This Act shall take effect upon its approval.
 
 4 
 
 5                           INTRODUCED BY:  _______________________