§662-4  Statute of limitations.  A tort claim against the State shall be forever barred unless action is begun within two years after the claim accrues, except in the case of a medical tort claim when the limitation of action provisions set forth in section 657-7.3 shall apply. [L 1957, c 312, pt of §1; Supp, §245A-4; HRS §662-4; am L 1976, c 219, §16]

 

Case Notes

 

  Supersedes §46-72 and Honolulu Charter §12-111.  55 H. 216, 517 P.2d 51; 56 H. 135, 531 P.2d 648.

  Only this section of this chapter is applicable to the city and county of Honolulu.  56 H. 241, 534 P.2d 489.

  Claim accrues when the plaintiff knew or should have known that an actionable wrong has been committed.  63 H. 117, 621 P.2d 957.

  Minority tolling not applicable.  72 H. 77, 806 P.2d 957.

  Plaintiff's lack of knowledge regarding a legal duty, the breach of which may have caused plaintiff's injury, did not justify application of "discovery rule"; plaintiff's failure to seek legal advice from an attorney did not toll statute of limitations.  81 H. 391, 917 P.2d 718.

  Counties do not fall within the ambit of the State Tort Liability Act; §46-72 is the statute of limitations applicable to actions against the counties.  104 H. 341, 90 P.3d 233.

  Continuing-tort exception, which tolls running of statute of limitations under this section, adopted; thus, where an actor continuously diverts water over which he or she has direct control onto another's land, and the diversion causes continuous and substantial damage to that person's property and the actor knows of this damage, such an act may present evidence of a continuous tort.  88 H. 241 (App.), 965 P.2d 783.