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Doe Parents No. 1 v. State11/27/2002
the DOE was liable to them for the full extent of their damages, as a private employer would be under like circumstances.
We agree and hold that the circuit court erred in limiting the DOE's liability to the plaintiffs. The plain language of HRS § 663-10.5's non-retroactivity clause focuses upon the specific acts or omissions that predicate a plaintiff's claim, and, therefore, the clause's applicability is not keyed to when the plaintiff's cause of action "accrues." The legislative intent underlying HRS § 663-10.5 was clearly to insulate governmental entities, like the DOE, from being held accountable to plaintiffs for more than the degree of fault associated with its employee's tortious contribution to the plaintiff's injury , under circumstances in which the injury is legally caused not only by the government employee's tortious conduct -- i.e., his or her act or omission that is a substantial factor in bringing about the plaintiff's injury -- but also by the conduct of other, non-governmental, tortfeasors. Thus, the relevant inquiry is not focused upon when a plaintiff's claim for relief "accrues," which, given that a plaintiff's claim may not "accrue" until he or she discovers the injury, may often be long after the time when the state employee has engaged in the conduct that has legally caused the plaintiff's injury. Rather, the plain language of HRS § 663-10.5's non-retroactivity clause requires a determination of when a government entity's employee engaged in the act or omission for which the entity is being held liable.
As discussed supra in section III.A, the DOE is liable to the plaintiffs for (1) its employees' negligent retention of Norton in January 1993, (2) Schlosser's negligent supervision of Norton once he became aware that Norton had resumed issuing hall passes so that he could gather fourth and fifth grade girls in his classroom and continued to "hug" them (a period spanning the time between Norton's reinstatement to a teaching position in January 1993 and his molestation of A.C. in January 1995), (3) Schlosser's interrogations of Melony and Nicole in January 1995, and (4) Schlosser's failure to inform their respective parents of their accusations against Norton after he had questioned the girls. Accordingly, HRS § 663-10.5 does not apply to the plaintiffs' claims to the extent that they are based upon the DOE negligently retaining Norton. The statute does, however, apply to the alternative bases of the plaintiffs' claims against the DOE and, as to them, would operate to limit the DOE's liability to the "percentage share of the [plaintiffs'] damages attributable to" Schlosser's negligent supervision of Norton, his interrogations of Melony and Nicole, and his failure to inform the girls' respective parents of their accusations.
Yet, because HRS § 663-10.5 does not apply to the plaintiffs' claims to the extent that they are based upon the DOE's negligently retaining Norton, the DOE is, as we have noted, liable to the plaintiffs "in the same manner and to the same extent" as a private individual would be. Generally speaking, a private individual, whose negligence legally causes another person injury , is liable to the other person for the full extent of the plaintiffs' resulting damages. See, e.g., Restatement (Second) of Torts § 910 (1965) (" ne injured by the tort of another is entitled to recover damages from the other for all harm, past, present, and prospective, legally caused by the tort").
Accordingly, we hold (1) that the circuit court erred in apportioning liability between the DOE and Norton and, therefore, (2) that the DOE is liable to the plaintiffs for the full extent of their damages. See supra section III.A.2.c.
IV. CONCLUSION<
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