Jeffrey Lloyd KIENKER and Janet Lee Kienker, Plaintiffs-Appellees/Cross-Appellees
v.
Danielle BAUER, Defendant-Appellee/Cross-Appellant and
State of Hawai`i, Defendant-Appellant/Cross-Appellee and
County of Hawai`i, Defendant.
Supreme Court of Hawai`i.https://leagle.com/images/logo.png
March 14, 2006.
March 14, 2006.
Attorney(s) appearing for the Case
Dorothy Sellers and Adina L.K. Cunningham, Deputy Attorneys General, on the briefs, for defendant-appellant/cross-appellee State of Hawai`i.
Kenneth A. Ross, Kailua-Kona, and Reginauld T. Harris, Honolulu, (Rush Moore Craven Sutton Morry and Beh, LLP), on the briefs, for defendant-appellee/cross-appellant Danielle Bauer.
Joseph P.H. Ahuna, Jr., Kaneohe, and John H.W. Yuen, on the briefs, for plaintiffs-appellees/cross-appellees.
MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.
Supreme Court of Hawai`i.
Opinion of the Court by ACOBA, J.
We hold that Hawai`i Revised Statutes (HRS) § 663-10.5 (Supp.2005),1 which abolishes joint and several liability for government entities, did not supercede or impliedly repeal (1) HRS § 663-10.9(4) (Supp.2005),2 which expressly allows for recovery of noneconomic damages in motor vehicle accidents involving the maintenance and design of highways, or (2) HRS §...
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