Opinion
NO. 8354
November 5, 1982
APPEAL FROM FIRST CIRCUIT COURT HONORABLE RONALD B. GREIG, JUDGE.
RICHARDSON, C.J., LUM, NAKAMURA, PADGETT AND HAYASHI, JJ.
Jeffrey Y. Higashi (Wayne M. Sakai with him on the reply brief, Burke, Ashford, Sakai, McPheeters, Bordner Gilardy of counsel) for appellant.
Joseph Schneider (Conklin, Schneider Love of counsel) for appellees.
This is an appeal from a judgment in favor of the defendants in a suit between two joint tortfeasors where the plaintiff was found to be 52 1/2% at fault and the defendants 47 1/2% at fault. By entering judgment for the appellees, the court below held, in effect, that the Hawaii Comparative Negligence statute, § 663-31. HRS, governs this action and prevents appellant's recovery since its fault, under the verdict, exceeded appellees'. We reverse.
We hold that § 663-31, HRS, does not affect an action between two joint tortfeasors under the Uniform Contribution Among Joint Tortfeasors Act, §§ 663-11 through 17, HRS.
Accordingly, the judgment below is reversed and remanded with instructions to enter a judgment in favor of the appellant in accordance with the provisions of the Uniform Contribution Among Joint Tortfeasors Act.
Reversed and remanded.