Law Offices of Joseph PH Ahuna Jr.

Kienker v. Bauer, 110 Hawaii 97, 129 P.3d 1125 (2006). This case pertained to the interpretation and application of a general versus specific State statute regarding the extent of the government's liability for damages arising from highway design defects. In this case, Bauer was operating her car on Queen Kaahumanu Highway on the Big Island when she crossed over our client's lane, hitting our client's car in a head-on collision. Our office brought an action against Bauer and the State, alleging that the highway was defectively designed by the State. After a two-week trial, the Circuit court found the State jointly and severally liable for damages under HRS 663:10.9(4). The State appealed, arguing that HRS 663:10.5, which abolished joint and several liability against government entities in "any case", superseded 663:10.9(4) and precluded the State from being jointly and severally liable for damages. We argued that HRS 663:10.5 did not apply since the HRS 663:10.9(4) was not specifically superseded by 663:10.5. On March 14, 2006, the Hawaii Supreme court issued a written opinion in our favor, holding that the State was jointly and severally liable for the entire $1.2 million judgment. After the decision was issued, the legislature immediately submitted bill HB 237, which codified the Hawaii Supreme Court's decision in the Kienker case.