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Doe Parents No. 1 v. State11/27/2002
an the date of DOE's negligent acts or omissions. DOE's negligence in failing to complete its investigation of T.Y.'s allegations of abuse after Norton's acquittal and the subsequent reinstatement of Norton to a teaching position occurred on January 19, 1993.
This precipitating negligent act occurred before the effective date of HRS § 663-10.5, June 22, 1994. By the plain language of HRS § 663-10.5, this statute did not take effect on the accrual date of the cause of action, as the DOE argues and the court held, but rather, on the date of the "act or omission" on which the action is based. Accordingly, as the majority notes, the court erred in applying HRS § 663-10.5 and this statute did not absolve the DOE from joint and several liability.
VII.
I believe that the DOE and Norton are "joint tortfeasors" under the 1939 Uniform Contribution Among Tortfeasors Act (UCATA), HRS §§ 663-11 to 663-17. See Saranillio v. Silva, 78 Hawaii 1, 9, 889 P.2d 685, 693, reconsideration denied, 78 Hawaii 421, 895 P.2d 172 (1995) (noting that Hawaii adopted the 1939 version of UCATA in 1941). HRS § 663-11 (1993) defines "joint tortfeasors" as "two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them." (Emphasis added.). See also Ginoza v. Takai, 40 Haw. 691, 691 (1955) (holding that judgment does not need to be recovered "to constitute a [party as] a joint tortfeasor for purposes of the Uniform Act"). The term "liable[,]" as employed in this statute, has been construed to mean "subject to suit or liable in a court of law or equity." Tamashiro v. De Gama, 51 Haw. 74, 75, 450 P.2d 998, 100 (1969) (internal quotations omitted); see Peterson v. City and County of Honolulu, 51 Haw. 484, 462 P.2d 1007, 1008 (1969) ("whether contribution may be had from a person depends upon whether the original plaintiff could have enforced liability against him [or her], had he [or she] chosen to do so."); Gump v. Walmart Stores, 93 Hawaii 428, 446, 5 P.3d 418, 436 (App. 1999), overruled on other grounds, 93 Hawaii 417, 5 P.3d 407 (2000) (Under the UCATA, "'liable' means 'subject to suit' or 'liable in a court of law or equity.'" (quoting Tamashiro, 51 Haw. at 75, 450 P.2d at 1000)); cf. Karasawa v. TIG Ins. Co., 88 Hawaii 77, 80-81, 961 P.2d 1171, 1174-75 (App. 1998) (omitting liability discussion, but holding that "tortfeasors are 'joint' for purposes of the Act if they individually or collectively cause the same injury.").
In Tamashiro, it was held that a "minor child is liable in tort to his parent," and thus, he is "subject to contribution to his joint tortfeasor under the [UCATA]." 51 Haw. at 79, 450 P.2d at 1002. In that case, the parents sued for injuries sustained in an automobile accident between their automobile, driven by their minor son, and a vehicle driven by the defendant. See id. at 74, 450 P.2d at 999. The defendant joined the minor as a third-party defendant, attempting to obtain contribution from the minor as a joint tortfeasor. See id. at 74, 450 P.2d at 1000. The trial court dismissed the third party complaint, based on the assumption that a minor child is legally immune from suit from his parents. See id. This court reversed and held that a minor child is liable for contribution as a joint tortfeasor under the UCATA. See id. at 79, 450 P.2d at 1002. In doing so, this court construed the term "liable" in the phrase "joint and severally liable in tort," as "having acquired the technical, legal meaning of 'subject to suit' or 'liable in a court of law or equity[.]'" Id. at 75, 450 P.2d at 1000 (footnote and citations omitted).
In Saranillio, this court considered the c
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