Vliet, III v. Trustees of the Estate of Bernice Pauahi Bishop

• Court: Hawaii Intermediate Court of Appeals
• Decided: June 6, 2025
• Docket: CAAP-22-0000384
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 06-JUN-2025 08:34 AM Dkt. 66 SO NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

ANDREW J. VLIET, III, Plaintiff-Appellee, v. TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP doing business as KAMEHAMEHA SCHOOLS, ELLIOT K. MILLS, in his capacity as Trustee of the Estate of Bernice Pauahi Bishop; CRYSTAL K. ROSE, in her capacity as Trustee of the Estate of Bernice Pauahi Bishop; JENNIFER N. GOODYEAR-KAʻŌPUA, in her capacity as Trustee of the Estate of Bernice Pauahi Bishop; MICHELLE KAʻUHANE, in her capacity as Trustee of the Estate of Bernice Pauahi Bishop; and ROBERT K.W.H. NOBRIGA, in his capacity as Trustee of the Estate of Bernice Pauahi Bishop, Defendants/Cross-claimants/Cross-claim-Defendants-Appellants, and RICHARD D. GRONNA, as Personal Representative of the ESTATE OF ROBERT MCCORMICK BROWNE, Defendant-Appellee; ST. FRANCIS MEDICAL CENTER, Defendant/Cross-claim- Defendant/Cross-claimant-Appellee, and JOHN DOES 2-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE PARTNERSHIPS 1-20; DOE NON-PROFIT ENTITIES 1-20, and DOE GOVERNMENTAL ENTITIES 1-20, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC161000574)

SUMMARY DISPOSITION ORDER (By: Nakasone, Presiding Judge, McCullen and Guidry, JJ.)

Defendants/Cross-claimants/Cross-claim-Defendants-

Appellants Trustees of the Estate of Bernice Pauahi Bishop doing

business as Kamehameha Schools appeal from the Circuit Court of NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

the First Circuit's May 23, 2022 order granting Defendant/Cross-

claim-Defendant/Cross-claimant-Appellee St. Francis Medical

Center's petition for determination of good faith settlement and

Plaintiff-Appellee Andrew J. Vliet, III's (Vliet) joinder (Good

Faith Settlement Order). 1

For a brief background, Vliet sued Kamehameha Schools

and St. Francis pursuant to Hawai‘i Revised Statutes (HRS) § 657-

1.8 (2016), which permits certain actions "for recovery of

damages based on physical, psychological, or other injury or

condition suffered by a minor arising from the sexual abuse of

the minor by any person" that would otherwise be time-barred.

Vliet identified Robert McCormick Browne (Dr. Browne), formerly

employed as Chief of Psychiatry at St. Francis, as having

sexually abused him when he was a student at Kamehameha Schools.

Kamehameha Schools filed a cross-claim against

St. Francis. St. Francis filed its answer and a cross-claim

against Kamehameha Schools. Kamehameha Schools then filed a

cross-claim against Dr. Browne's Estate. 2 According to the court

minutes, Vliet entered into separate settlement agreements with

both St. Francis and Kamehameha Schools. St. Francis then

petitioned for a determination of good faith settlement, which

1 The Honorable Dean E. Ochiai presided.

2 Dr. Browne is deceased and his Estate is a nominal party in this appeal.

2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

was granted. The circuit court entered its Good Faith

Settlement Order. Kamehameha Schools appealed from that order.

Upon careful review of the record and the briefs

submitted by the parties, and having given due consideration to

the issues raised and the arguments advanced, we resolve the

points of error as discussed below and affirm.

Kamehameha Schools contends the circuit court erred in

concluding that, under HRS § 663-15.5 (2016), the good faith

settlement between Vliet and St. Francis barred Kamehameha

Schools' cross-claims for breach of contract, negligence,

indemnification, and attorneys' fees pursuant to Uyemura v.

Wick, 57 Haw. 102, 551 P.2d 171 (1976).

When a court determines a settlement was made in good

faith, HRS § 663-15.5(d) bars joint tortfeasors from making

claims against the settling tortfeasor except for claims based

on a written indemnity agreement:

(d) A determination by the court that a settlement was made in good faith shall:

(1) Bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . except those based on a written indemnity agreement; and

(2) Result in a dismissal of all cross-claims filed against the settling joint tortfeasor . . . except those based on a written indemnity agreement.

HRS § 663-15.5(d) (formatting altered).

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Here, Kamehameha Schools' cross-claims, including its

breach of contract and Uyemura claims, arise out of the

"original injury" to Vliet caused by Dr. Browne's abuse and are

"directly or indirectly" in the nature of contribution and

indemnity claims. See Abad v. Griffith, 155 Hawaiʻi 223, 560

P.3d 478, Nos. CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX, 2024 WL

5088457, at *5 (App. Dec. 12, 2024) (SDO) (concluding the

approval of a good faith settlement "requires dismissal of only

those crossclaims against a settling joint tortfeasor raised in

the capacity of a joint tortfeasor, i.e., those seeking

contribution or indemnity (directly or indirectly) for the

injury (to the complainant) that is the subject of the good

faith settlement").

The circuit court dismissed all cross-claims and

third-party claims "now pending" against St. Francis and barred

"any further claims" against St. Francis "in connection with

this litigation, except those based upon a written indemnity

agreement." The circuit court's dismissal of Kamehameha

Schools' cross-claims against St. Francis, and its discharge of

St. Francis "from any and all liability for any contribution to

any other party, joint tortfeasor and/or co-obligor[,]" is

consistent with the underlying purpose of HRS § 663-15.5 -

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protecting settling tortfeasors from contribution claims brought

by other joint tortfeasors. See id.

Thus, the circuit did not err in concluding that the

good faith settlement between Vliet and St. Francis barred

Kamehameha Schools' cross-claims for breach of contract,

negligence, indemnification, and attorneys' fees.

Based on the foregoing, we affirm the circuit court's

May 23, 2022 Good Faith Settlement Order.

DATED: Honolulu, Hawaiʻi, June 6, 2025.

On the briefs: /s/ Karen T. Nakasone Presiding Judge Paul Alston, William S. Hunt, /s/ Sonja M.P. McCullen Nickolas A. Kacprowski, Associate Judge Claire Wong Black, (Dentons), and /s/ Kimberly T. Guidry Kelly G. Laporte, Associate Judge Amanda M. Jones, Michi Momose, Trisha H.S.T. Akagi, (Cades Schutte), for Defendants/Cross- claimants/Cross-claim- Defendants-Appellants.

Terence J. O'Toole, Andrew J. Lautenbach, Kukui Claydon, (Starn O'Toole Marcus & Fisher), and Arthur F. Roeca, Jodie D. Roeca, (Roeca Luria Shin), for Defendant/Cross-claim- Defendant/Cross-claimant- Appellee.