Kienker v. Bauer, Hawaii Supreme Court No. 25856 (March 14, 2006) - The Hawaii Supreme Court recently issued a decision which holds that the State can be jointly and severally liable (1) under 663-10.9(4) for the recovery of noneconomic damages in motor vehicle accidents involving the maintenance and design of highways and (2) under HRS section 663-10.9(1) for the recovery of economic damages against joint tortfeasors in actions involving injury or death to persons. The Court specifically found that 663-10.5 (which says that the State is only liable in damages for its percent of liability) fails to superscede 663-10.9(4). The net effect of this holding is that if the State (or a municipality) has prior notice of a roadway maintenaince or design defect causing an accident, it may be jointly and severally under 663-10.9(4). The government can only rely on 663-10.5 if there is no prior notice.
On March 17, 2026, at a little after 7 am, a fatal motor vehicle accident occurred on Vineyard Blvd in the Liliha area. For unknown reasons, a 59-year-old city bus driver lost control of his bus, traveled onto the center median, and collided directly into a tree. The driver was critically injured in spite of wearing his seatbelt. The bus was not carrying any passengers at the time of the accident. Later on the same day, the bus driver succumbed to his injuries. The cause of the crash continues to be under investigation. HPD states that this was the 12th Traffic Fatality on Oahu so far in 2026. Man, 59, dead following bus vs. tree crash .
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