RES 087 Draft 01 2008-2010 - Laserfiche WebLink

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than that percentage share of the damages attributable to the government entitiy[; provided that joint and several liability shall be retained for tort claims relating to the maintenance and design of highways pursuant to section 663-10.9]. [For recovery of noneconomic damages in motor vehicle accidents involving tort actions relating to the maintenance and design of highways including actions involving guardrails, utility poles, street and directional signs, and any other highway related device upon a showing that the affected joint tortfeasor was gien reasonable prior notice of a prior occurrence under similar circumstances to the occurrence upon which the tort claim is based. In actions in which the affected joint tortfeasor has not been shown to have had such reasonable prior notice, the recovery of noneconomic damages shall be as provided in paragraph (3)]. [Provided, however, that joint] Joint and several liability for economic and noneconomic damages for claims against design professionals, as defined in chapter [672] 672B. and certified public accountants, as defined in chapter 466, is abolished in actions not involving physical injury or death to persons; WHEREAS, House Bill 1037, HD2 does not seek to abdicate the County of its responsibility to indemnify claimants with meritorious claims, but simply limits the financial exposure of the County to its fair share of liability as determined by a court; and WHEREAS, the Attorney General of the State of Hawaii supports the passage of House Bill 1037, HD2, and seeks the support of all counties of the State by the passing of a resolution by their respective councils. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it hereby supports the passage of House Bill 1037, HD2 by the 2009 Hawaii State Legislature. BE IT FURTHER RESOLVED that certified copies of this resolution be sent to the Honorable William P. Kenoi, Mayor of the County of Hawai' i, the Honorable Brian Taniguchi, Senator and Chair of the Judiciary and Government Operations Committee of the Hawai i State Legislature.