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LIBERTY MUTUAL INSURANCE COMPANY v. GENERAL MOTORS CORPORATION

No. 8354.

653 P.2d 96 (1982)

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, General Motors Acceptance Corporation, General Motors Overseas Distribution Corporation, Defendants-Appellees, and Hawaiian Electric Company, Inc., Hawaiian Telephone Company, and City and County of Honolulu, Defendants.

Supreme Court of Hawaii.

November 5, 1982.

Attorney(s) appearing for the Case

Jeffrey Y. Higashi, Honolulu, Wayne M. Sakai, Honolulu, with him on the reply brief (Burke, Ashford, Sakai, McPheeters, Bordner & Gilardy, Honolulu, of counsel), for plaintiff-appellant.

Joseph Schneider, Honolulu (Conklin, Schneider & Love, Honolulu, of counsel), for defendants-appellees.

Before RICHARDSON, C.J., and LUM, NAKAMURA, PADGETT and HAYASHI, JJ.

PER CURIAM.

This is an appeal from a judgment in favor of the defendants in a suit between two joint tortfeasors where the plaintiff was found to be 52½% at fault and the defendants 47½% at fault. By entering judgment for the appellees, the court below held, in effect, that the Hawaii Comparative Negligence statute, § 663-31, HRS, governs this action and prevents appellant's recovery since its fault, under the verdict, exceeded appellees'. We reverse...

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