Chapter 662 — Chapter 662

§662-1 Definitions. As used in this chapter the term: "Acting within the scope of the employee's office or employment", in the case of a member of the Hawaii National Guard or Hawaii state defense force, means acting in the line of duty. "Employees of the State" includes officers…

§662-10 Judgment as bar. The judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the State whose act or omission gave rise to the claim. [L 1957, c 312, pt of §1; Sup…

§662-11 Compromise. (a) The attorney general may arbitrate, compromise, or settle any claim cognizable under this chapter. (b) Claims arbitrated, compromised, or settled by the attorney general for an amount not exceeding $25,000, shall be paid from the state risk management revo…

§662-12 Attorney's fees. The court rendering a judgment for the plaintiff pursuant to this chapter or the attorney general making a disposition pursuant to section 662-11 may, as a part of such judgment, award, or settlement, determine and allow reasonable attorney's fees which s…

§662-13 No awards except upon legal evidence. In no case shall any liability be implied against the State, and no award shall be made against the State except upon such legal evidence as would establish liability against an individual or corporation. [L 1957, c 312, pt of §1; Sup…

§662-15 Exceptions. This chapter shall not apply to:

§662-16 Defense of state employees; county lifeguards. (a) The attorney general may defend any civil action or proceeding brought in any court against any employee of the State for damage to property or for personal injury, including death, resulting from the act or omission of a…

§662-2 Waiver and liability of State. The State hereby waives its immunity for liability for the torts of its employees and shall be liable in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to ju…

§662-3 Jurisdiction. The circuit courts of the State and, except as otherwise provided by statute or rule, the state district courts shall have original jurisdiction of all tort actions on claims against the State, for money damages, accruing on and after July 1, 1957, for injury…

§662-4 Statute of limitations. A tort claim against the State shall be forever barred unless action is begun within two years after the claim accrues, except in the case of a medical tort claim when the limitation of action provisions set forth in section 657-7.3 shall apply. [L …

§662-5 Jury. Any action against the State under this chapter shall be tried by the court without a jury; provided that the court, with the consent of all the parties, may order a trial with a jury whose verdict shall have the same effect as if trial by jury had been a matter of r…

§662-6 Pleadings, trial and appeal. [(a)] The Hawaii rules of civil procedure and the district court rules of civil procedure as applicable shall be followed in any action under this chapter. A certified copy of all pleadings shall be duly served on the attorney general. (b) Sect…

§662-7 Attorney general. The State shall be represented by the attorney general of the State in all actions under this chapter. [L 1957, c 312, pt of §1; Supp, §245A-7; HRS §662-7]

§662-8 Interest. On all final judgments rendered against the State in actions instituted under this chapter, interest shall be computed at the rate of four per cent a year from the date of judgment up to, but not exceeding, thirty days after the date of approval of any appropriat…

§662-9 Costs. In an action under this chapter, court costs and fees as set by law may be allowed to the prevailing party. [L 1957, c 312, pt of §1; Supp, §245A-9; HRS §662-9; am L 1972, c 164, §2(c); am L 1979, c 152, §3]