HAWAII REFORMS
Appeal Bond Reform: H.B. 3250 (2006); HRS § 607-26. Limits the appeal bond to $25 million, regardless
of the amount of judgment. Provided a provision for
small businesses that limits the appeal bond to $1 million.
Collateral Source Rule Reform: SB S1 (special
session) (1986): Sunset
provision (SB 1529) enacted in 1991. Provides for the payment of valid
liens (arising out of claims for payments made from collateral sources for
costs and expenses arising from an injury) from special damages recovered. Prevents double recoveries by allowing subrogation liens by
insurance companies or other sources.
Allows third parties to file a lien and collect the benefits paid to the
plaintiff from the plaintiff’s award. The reform does not affect the amount of
damages paid by the defendant to the plaintiff.
Frivolous Lawsuit Sanction: SB S1 (special session)
(1986): Sunset
provision (SB 1529) enacted in 1991. Allows a court to assess
sanctions not exceeding 25% of the losses claimed as a penalty for frivolous
lawsuits or defenses.
Joint and Several
Liability Reform: HB 1088 (1994). Bars application of the rule of
joint and several liability in the recovery of all damages from all
governmental entities.
Joint and Several Liability Reform: SB S1 (special
session) (1986): Sunset
provision (SB 1529) enacted in 1991. Bars application of the rule of
joint and several liability in the recovery of noneconomic damages from
defendants found to be 25% or less at fault. The reform
does not apply to auto, product, or environmental cases.
Medical Liability Reform: Contingent Fee Reform:
Haw. Rev. Stat. § 607-15.5. Limits contingent fees in medical liability cases to a “reasonable amount,” as determined by
the court.
Noneconomic Damages Reform: SB S1 (special session)
(1986): Sunset
provision (SB 1529) enacted in 1991: Haw. Rev. Stat.
§§ 663-8.7, 663-10.9(2). Limits noneconomic damages for physical pain and suffering to $375,000.