Bill Text: HI HB2459 | 2012 | Regular Session | Amended

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Bill Title: Tort Liability

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-02 - (H) Passed Second Reading and referred to the committee(s) on JUD with Representative(s) Rhoads voting aye with reservations; none voting no (0) and Representative(s) Okamura excused (1). [HB2459 Detail]

Download: Hawaii-2012-HB2459-Amended.html

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STAND. COM. REP. NO.  55-12

 

Honolulu, Hawaii

                , 2012

 

RE:   H.B. No. 2459

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Transportation, to which was referred H.B. No. 2459 entitled:

 

"A BILL FOR AN ACT RELATING TO TORT LIABILITY,"

 

begs leave to report as follows:

 

     The purpose of this measure is to define what constitutes "similar circumstances" of a prior occurrence that are required to show that an affected joint tortfeasor had reasonable prior notice to allow recovery of noneconomic damages for tort actions arising out of motor vehicle accidents that relate to the maintenance and design of highways, and to prohibit recovery where there was no reasonable notice.  

 

     The Department of the Attorney General testified in support of this measure.  The Hawaii Association for Justice testified in opposition to the measure.

 

     Your Committee finds that there has long been confusion regarding what "similar circumstances" of a prior occurrence means for establishing joint and several liability for government tortfeasors in actions arising from motor vehicle accidents relating to maintenance and design of highways. 

 

     This uncertainty has often led to inequitable decisions rendered against the State.  Therefore, your Committee finds it appropriate to clarify that the notice requirement of a "prior occurrence of similar circumstances" is met only when the prior occurrence is at the same location and involves the same highway-related device or condition and when the condition at the roadway is substantially similar to that at the time of the relevant accident. 

 

     Your Committee notes the concerns raised by the Hawaii Association for Justice, however, these questions are legal in nature.  Your Committee respectfully requests that your Committee on Judiciary consider these issues when the measure is before it.

 

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2459 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

 

		____________________________ JOSEPH M. SOUKI, Chair