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Tabieros v. Clark Equipment Co.9/15/1997
ive... Clark credit for the excess. The joint tortfeasor release signed by [the plaintiffs] and Navigation has language which indicates that it is a joint tortfeasor release pursuant to [HRS § ] 663-14[.]
....
It is submitted that once the settling parties have subjected themselves to the benefits and restrictions of [HRS § ] 663-14,... the [trial] court should not seek to look behind the document to analyze the parties' motives or the equity of the effect of the statute upon a particular situation ....
We agree with Clark.
The Agreement between the plaintiffs, as the releasors, and Navigation, as the releasee, provides in relevant part:
For and in consideration of the promises and covenants set forth herein..., upon execution of this Agreement and receipt of the Settlement Sum as defined hereinbelow, the Plaintiffs... hereby fully, completely, finally[,] and irrevocably release and forever discharge... Navigation from any and all claims... in any manner resulting from,... connected with, or traceable... to the Accident referred to in the Lawsuit ....
....
Plaintiffs further covenant and agree that, for the consideration mentioned above, this Agreement shall be and operate pursuant to the provisions of [UCATA, HRS] §§ 663-11 through 663-17, ... as amended, and shall operate to release the Releasee from any and all liability to make contribution to any person or entity found to be a joint tortfeasor with Releasee by reducing the Plaintiffs' damages recoverable against all the other (non-released) tortfeasors to the extent of the pro rata share of the released Releasee['s] liability or by the amount of the consideration stated in this Agreement, whichever is greater.
(Emphases added.) (Parenthetical in original.)
Thus, the plaintiffs' suggestion that "the Agreement between [Navigation] and plaintiffs did not provide for any reduction of the amount for which Clark was liable" (emphasis in original) is simply wrong. We hold that, by its express terms, the Agreement extinguished all of the plaintiffs' claims against Navigation and reduced their claims against Clark by the greater of the amount of the consideration paid to them by Navigation or Navigation's pro rata share of the total liability for the damages resulting from Tabieros's accident.
IV. Conclusion
Based on the foregoing analysis, we affirm the circuit court's judgment in Clark's favor and against Wilson, vacate the judgment in Tabieros's favor and against Clark, and remand for a new trial -- consistent with this opinion -- of Tabieros's claims against Clark.
Ronald T.Y. Moon, Steven H. Levinson, Paula A. Nakayama, Mario R. Ramil, Kevin S.C. Chang
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