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JORDAN v. RITA

No. 8968.

670 P.2d 457 (1983)

James Dennis JORDAN, Plaintiff-Appellant, v. Robert RITA and E.F. Nilson, Inc., dba Edwin F. Nilson, Contractor, Inc., a Hawaii corporation, Defendants-Appellees.

Supreme Court of Hawaii.

September 30, 1983.

Attorney(s) appearing for the Case

Ted A. Chihara, Lihue (Shiraishi & Yamada, Lihue, of counsel), for plaintiff-appellant.

Walter Davis, Honolulu (Paul T. Yamamura, Honolulu, with him on brief, Davis, Playdon, Reid & Richards, Honolulu, of counsel), for defendants-appellees.

Before LUM, C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and TANAKA, Associate Judge, assigned by reason of vacancy.

PER CURIAM.

Is a general contractor who has been obligated under our workers' compensation scheme to assume the responsibility of paying benefits to an injured employee of an uninsured subcontractor still subject to possible tort liability for the injury? Because the subcontractor's failure to furnish benefits made the general contractor the employer of the injured employee for compensation purposes, the compensation statute provided the employee's exclusive remedy...

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