PART II. 
UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT



 



Case Notes



 



  Joint and several liability imposed on asbestos manufacturers
in products liability action.  960 F.2d 806.



  Discussed, where defendant did not have a right of
contribution for intentional torts alleged in the complaint against it.  293 F.
Supp. 2d 1144.



 



§663-11  Joint tortfeasors defined.  For
the purpose of this part the term "joint tortfeasors" means 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. [L 1941, c 24, §1; RL 1945, §10487; RL 1955, §246-10; HRS §663-11]



 



Rules of Court



 



  Parties, see HRCP rules 19, 20; DCRCP rule 20.



 



Law Journals and Reviews



 



  Ozaki and Comparative Negligence:  Imposing Joint Liability
Where a Duty to Protect or Prevent Harm from Third Party Intentional
Tortfeasors Exits Is Fairer to Plaintiffs and Defendants.  26 UH L. Rev. 575.



 



Case Notes



 



  Settlement of action by defendants established both
defendants as joint tortfeasors.  884 F.2d 492.



  There must be common liability to injured person.  73 F.
Supp. 707.  Father may not be joined as joint tortfeasor where children are
plaintiffs.  135 F. Supp. 376.  See as to rights of the children against driver
of other car.  244 F.2d 604.



  An employee and employee's vicariously liable employer are
joint tortfeasors as defined by this section.  78 H. 1, 889 P.2d 685.



  Master and servant not joint tortfeasors, where master liable
only under doctrine of respondeat superior.  7 H. 196.



  Culpability among joint tortfeasors.  45 H. 128, 363 P.2d
969.



  Minor son of plaintiff may be liable as joint tortfeasor to
plaintiff.  51 H. 74, 450 P.2d 998.



  Parents are liable for torts to their minor children, and
they may be joined as joint tortfeasors in action by children against third
party.  51 H. 484, 462 P.2d 1007.



  Employee and vicariously liable employer are joint
tortfeasors.  78 H. 1, 889 P.2d 685.



  Where condominium association's and murderer's tortious
conduct resulted in same injury to victim, condominium association and murderer
were joint tortfeasors.  87 H. 273 (App.), 954 P.2d 652.



  Construing the language of §§431:10C-301 and 431:10C-103
governing uninsured motorist (UM) and underinsured motorist (UIM) insurance
according to their plain and commonly understood meaning and in pari materia
with §663-10.9 and this section, UM and UIM policies must provide coverage for
all damages which an insured is legally entitled to recover from the owner or
operator of an uninsured or underinsured motor vehicle, which necessarily
encompasses damages for which the owner or operator of an uninsured or
underinsured motor vehicle is jointly and severally liable pursuant to
§§663-10.9 and this section.  120 H. 329 (App.), 205 P.3d 594.