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Liberty Mutual Insurance Company v. General Motors Corporation
Citations: 653 P.2d 96; 65 Haw. 428Docket: NO. 8354
Court: Hawaii Supreme Court; November 5, 1982; Hawaii; State Supreme Court
An appeal was made by Liberty Mutual Insurance Company against General Motors Corporation and related entities regarding a joint tortfeasor case. The lower court ruled that Liberty Mutual was 52% at fault while the defendants were 47% at fault, leading to a judgment in favor of the defendants based on Hawaii's Comparative Negligence statute (HRS § 663-31), which precluded recovery for a party with greater fault. The Supreme Court of Hawaii reversed this decision, clarifying that the Comparative Negligence statute does not apply in actions between joint tortfeasors under the Uniform Contribution Among Joint Tortfeasors Act (HRS §§ 663-11 through 17). The case was remanded with instructions to enter judgment for Liberty Mutual in accordance with the provisions of the Uniform Contribution Among Joint Tortfeasors Act.