§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 or loss of property, or personal injury or death caused by the
negligent or wrongful act or omission of any employee of the State while acting
within the scope of the employee's office or employment. [L 1957, c 312, pt of
§1; Supp, §245A-3; HRS §662-3; am L 1978, c 156, §2; am L 1984, c 135, §3; am L
2015, c 35, §20]
Case Notes
Does not bar U.S. government from bringing claim for
contribution against State in federal court. 643 F. Supp. 593 (1986).
Nothing in the language of this section and §661-1 suggests
that Hawaii intended to subject itself to suit in federal court. 950 F. Supp.
2d 1159 (2013).
Where plaintiffs seek injunction for unconstitutional acts
and damages, sovereign immunity bars suit. 68 H. 192, 708 P.2d 129 (1985),
cert. denied, 476 U.S. 1169 (1986).
Notes of Decisions
Cited in
17
cases (
4 in the last 5 years), 1981–2023 · leading case:
Waugh v. Univ. of Hawaii, 621 P.2d 957 (Haw. 1981).
Waugh v. Univ. of Hawaii, 621 P.2d 957 (Haw. 1981).
· cites it 6× “He noted that the State Tort Liability Act, HRS § 662-3, permitted recovery for loss or damage to property directly resulting from the negligent or wrongful act or omission of an employee of the University while acting within the scope of his office or employment.”
O'Grady v. State., 398 P.3d 625 (Haw. 2017).
· cites it 2× “The State Tort Liability Act provides a general waiver of its immunity for liability for the torts of its employees, see HRS § 662-2, and the circuit and district courts have original jurisdiction over such claims, see HRS § 662-3 (1993). The exceptions provided for in HRS §…”
Lindsey v. Matayoshi, 950 F. Supp. 2d 1159 (D. Haw. 2013).
· cites it 3× “HRS § 662-3 states that “circuit courts of the State and .”
Hokama v. Univ. of Hawaii, 990 P.2d 1150 (Haw. 1999).
· cites it 2× “See HRS § 662-3 (1993) (providing that the circuit courts “shall have original jurisdiction of all tort actions on claims against the State”).”
In Re Holoholo, 512 F. Supp. 889 (D. Haw. 1981).
“1980), which provides: The circuit courts of the State and, except where otherwise provided by statute or rule, the 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…”
Lee v. Yee, 643 F. Supp. 593 (D. Haw. 1986).
· cites it 2× “Before the United States District Court will have jurisdiction, however, there must be a valid cause of action. Hawaii Rev. Stat.”
Kruse v. State of Hawaii, 857 F. Supp. 741 (D. Haw. 1994).
“In section 662-2 of the Hawaii Revised Statutes, the State waived its immunity for the common law torts of its employees, and in section 662-3, H.R.S., the State vested original jurisdiction of all tort actions against the State in the circuit courts of the State.”
Daniels v. Novant Health Inc (D. Haw. 2023).
· cites it 5× “2013) (citing Haw. Rev. Stat. § 662-3 ).7 “Nothing in the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.