Report Title:

Joint and Several Liability; Design Professionals

Description:

Limits the recovery of noneconomic damages in actions against design professionals involving injury or death to persons relating to the maintenance and design of highways, with exceptions.

THE SENATE	S.B. NO.	2304
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to tort actions.

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

     SECTION 1.  Section 663-10.9, Hawaii Revised Statutes, is amended to read as follows:

     "§663-10.9  Abolition of joint and several liability; exceptions. (a)  Joint and several liability for joint tortfeasors as defined in section 663-11 is abolished except [in the following circumstances]:

     (1)  For the recovery of economic damages against joint tortfeasors in actions involving injury or death to persons;

     (2)  For the recovery of economic and noneconomic damages against joint tortfeasors in actions involving:

         (A)  Intentional torts;

         (B)  Torts relating to environmental pollution;

         (C)  Toxic and asbestos-related torts;

         (D)  Torts relating to aircraft accidents;

         (E)  Strict and products liability torts; or

         (F)  Torts relating to motor vehicle accidents except as provided in paragraph (4);

     (3)  For the recovery of noneconomic damages in actions, other than those enumerated in paragraph (2), involving injury or death to persons against those tortfeasors whose individual degree of negligence is found to be twenty-five per cent or more under section 663-31.  Where a tortfeasor's degree of negligence is less than twenty-five per cent, then the amount recoverable against that tortfeasor for noneconomic damages shall be in direct proportion to the degree of negligence assigned; and

     (4)  For recovery of noneconomic damages in motor vehicle accidents involving tort actions relating to the maintenance and design of highways, including actions involving guardrails, utility poles, street and directional signs, and any other highway-related device [upon a showing]; provided that the affected joint tortfeasor was given reasonable prior notice of a prior occurrence under similar circumstances to the occurrence upon which the tort claim is based.  In actions in which the affected joint tortfeasor has not been shown to have had [such] reasonable prior notice, the recovery of noneconomic damages shall be as provided in paragraph (3).

    [(5) Provided, however, that joint]

(b)  Joint and several liability for economic and noneconomic damages for [claims] actions against design professionals[,] as defined in chapter [672,] 672B‑1, and certified public accountants[,] as defined in chapter 466, is abolished [in]; provided that the actions do not [involving] involve physical injury or death to persons[.]; provided further that for recovery of noneconomic damages in actions against design professionals involving injury or death to persons relating to the maintenance and design of highways, the recovery of noneconomic damages shall be in direct proportion to the degree of negligence assigned unless:

(1) The affected tortfeasor was given reasonable prior notice as described in subsection (a); or

(2) The affected torfeasor's individual degree of negligence is found to be twenty‑five per cent or more under section 663‑31.

(c)  For purposes of subsection (b), the liability of any design professional shall include the vicarious liability for the acts or omissions of the design professional's officers and employees."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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