Taylor-Rice v. State

94 P.3d 659, 105 Haw. 104, 2004 Haw. LEXIS 482
CourtHawaii Supreme Court
DecidedJuly 21, 2004
Docket24330
StatusPublished
Cited by27 cases

This text of 94 P.3d 659 (Taylor-Rice v. State) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor-Rice v. State, 94 P.3d 659, 105 Haw. 104, 2004 Haw. LEXIS 482 (haw 2004).

Opinion

Opinion of the Court by

MOON, C.J.

Following a bench trial and initial appeal, plaintiff-appellant Debbie Taylor-Rice, individually and as special administrator of the estate of Alexa Dawn Taylor (Alexa), and plaintiff-appellant Edward J. Blasie, Sr. (Bla-sie), individually and as special administrator of the estate of Darlene T.K. Blasie (Darlene) [hereinafter, collectively, the plaintiffs], appeal from the May 8, 2001 findings of fact, conclusions of law, and order of the Circuit Court of the Fifth Circuit, the Honorable George M. Masuoka presiding, denying their motions to enforce judgment on appeal. Briefly stated, in the underlying case, defendant Kenneth Richard Leigh and defendant-appellee State of Hawai'i (the State) [hereinafter, collectively, the defendants] were found to be joint tortfeasors in an action arising from a single-car accident. In its judgment, the circuit court found that (1) the defendants were jointly and severally liable for damages, • costs, and post-judgment interest and (2) Leigh was solely liable for pre-judgment interest. The circuit court’s judgment was affirmed by this court in Taylor-Rice v. State, 91 Hawai'i 60, 64, 979 P.2d 1086, 1090 (1999) [hereinafter, Taylor-Rice I ].

The State thereafter tendered payment for the plaintiffs’ damages, post-judgment interest on the damages computed at 4% per annum, costs, and interest on the costs computed at 4% per annum. Unsatisfied with this tender, the plaintiffs sought to additionally collect (1) pre-judgment interest on the damages apportioned to Leigh, computed at 10% per annum, (2) post-judgment interest on the damages apportioned to Leigh, computed at 10% per annum (rather than the 4% interest tendered by the State), and (3) interest on the plaintiffs’ costs, computed at 10% per annum (rather than 4%). Consequently, the plaintiffs filed motions to enforce the judgment on the initial appeal, which were denied.

In this appeal, the plaintiffs contend that, inasmuch as the State was found to be jointly and severally liable to the plaintiffs, the State must pay the “full value of the judgment,” which includes 10% pre- and post-judgment interest on the damages apportioned to Leigh and 10% interest on the costs, pursuant to Hawai'i Revised Statutes (HRS) § 478-3 (1993). 1 With respect to the State’s sovereign immunity from awards of interest, the plaintiffs allege that sovereign immunity must be construed according to the intent of the legislature and that “the legislature intended to waive any immunity regarding the State’s payment of joint judgments[.]” For the following reasons, we affirm the circuit court’s findings of fact, conclusions of law, and order denying the plaintiffs’ motions to enforce the judgment on the initial appeal.

I. BACKGROUND 2

This action arose from a February 22,1994 motor vehicle accident on Kaua'i. Taylor-Rice I, 91 Hawai'i at 65, 979 P.2d at 1091. The single-car accident occurred when Leigh drove his car off of Kühió Highway, striking the buried end of a guardrail maintained by the State and vaulting his vehicle into a utility pole. Id. at 64, 979 P.2d at 1090. The accident resulted in the death of two passengers, Alexa and Darlene, and caused serious injuries to a third passenger, Rudolphus Ver-doorn. Id. Taylor-Rice, Blasie, Verdoorn, and Carol K. Blasie 3 brought separate actions against the State, Leigh, and others. 4 Id. Leigh defaulted, and the cases were subsequently consolidated and tried. Id.

Following a bench trial, the circuit court apportioned fault among the parties as fol *107 lows: (1) Leigh—65%; (2) the State—20%; and (3) Alexa, Darlene, and Yerdoorn—15%. Id. at 69, 979 P.2d at 1095. On March 5, 1998, judgment was entered in favor of the plaintiffs. The judgment stated:

Pursuant to the Findings of Fact, Conclusions of Law and Decision and Order, filed herein on January 23, 1998, Plaintiffs [Taylor-Riee and Blasie] have judgment against Defendants [Leigh and the State] jointly and severally, on all claims asserted in this action, as follows:
1. As to Plaintiff Debbie Taylor-Riee, Individually: General Damages in the amount of $136,000.00 ($160,000 less 15%).
2. As to Plaintiff Debbie Taylor-Riee, as Special Administrator of the Estate of Alexa Dawn Taylor: General Damages in the amount of $616,250.00 ($725,-000.00 less 15%); Special Damages in the amount of $11,709.49 ($13,775.88 less 15%).
3. As to Plaintiff Edward J. Blasie, Sr.: General Damages in the amount of $119,000 ($140,000.00 less 15%).
4. As [t]o Plaintiff Edward Blasie, Sr., as Special Administrator of the Estate of Darlene T.K. Blasie: General Damages in the amount of $510,000.00 ($600,000.00 less 15%).
6. As to all Plaintiffs against Defendants Kenneth Richard Leigh and State of Hawai‘i: Costs of court, costs of suit, ... and post-judgment interest. Plaintiffs have judgment against Defendant Kenneth Richard Leigh for statutory pre-judgment interest from February 22, 1994, the date of the accident.

(Bold emphases added.) (Underscored emphasis in original.) In sum, the State and Leigh were jointly and severally liable for the plaintiffs’ damages, costs, and post-judgment interest, whereas Leigh was solely liable for pre-judgment interest on the plaintiffs’ damages. On September 28, 1999, the circuit court ruled that the plaintiffs were entitled to costs in the amount of $9,507.03.

On June 30, 1999, upon appeal by the State, this court affirmed the judgment of the circuit court. Taylor-Rice I, 91 Hawai'i at 64, 979 P.2d at 1091. Specifically, this court held, inter alia, that: (1) the State was not immune from liability, id. at 77, 979 P.2d at 1103; and (2) the trial court did not err in concluding that the State was jointly and severally liable for the plaintiffs’ damages. Id. at 79, 979 P.2d at 1105. This court entered judgment on the initial appeal on July 16,1999.

By letter dated January 13, 2000, Deputy Attorney General Nelson Nabeta informed plaintiffs’ counsel that the judgment had been submitted to the legislature and that an appropriation had been requested to satisfy the judgment. In its entirety, the letter stated:

Please be advised that the final judgment against the State of Hawaii was submitted to the legislature for review and appropriation of funding to satisfy judgment. Please be aware that our office believes that the Chapter 662, Haw.Rev.Stat.[ 5 ] specifically applies to all final judgments paid by the State of Hawai‘i. Therefore, the requested appropriation submitted to this legislative session was calculated at the rate of interest of j.%, as provided under section 662-8 [ (1993)

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Cite This Page — Counsel Stack

Bluebook (online)
94 P.3d 659, 105 Haw. 104, 2004 Haw. LEXIS 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-rice-v-state-haw-2004.