Kienker v. Bauer, Hawaii Supreme Court No. 25856 (March 14, 2006) - The Hawaii Supreme Court recently issued a decision which holds that the State can be jointly and severally liable (1) under 663-10.9(4) for the recovery of noneconomic damages in motor vehicle accidents involving the maintenance and design of highways and (2) under HRS section 663-10.9(1) for the recovery of economic damages against joint tortfeasors in actions involving injury or death to persons. The Court specifically found that 663-10.5 (which says that the State is only liable in damages for its percent of liability) fails to superscede 663-10.9(4). The net effect of this holding is that if the State (or a municipality) has prior notice of a roadway maintenaince or design defect causing an accident, it may be jointly and severally under 663-10.9(4). The government can only rely on 663-10.5 if there is no prior notice.
Mediation works - so we use it regularly. In Providence, R.I., in 2014 eight female aerialists doing a hair-hang act 20+ feet above the ground were severely injured when the metal frame supporting their act collapsed hurtling them to the floor. They recently obtained a total combined settlement of $52.5-million through mediation of their claims See, Eight severely injured aerialists recover $52.5-million settlement through mediation.
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