§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 right. [L 1957, c 312, pt of §1; Supp, §245A-5; HRS §662-5; am L
1979, c 152, §2]
Case Notes
This section held not to entitle county of Hawaii to nonjury
trial. 57 H. 656, 562 P.2d 436 (1977).
Consent to trial cannot be involuntary or implied. 6 H. App.
582, 733 P.2d 1224 (1987).
Read together, this section acts as a limitation on the
general state tort liability waiver found in §662-2, and the general waiver
thus does not provide a right to a jury trial for tort actions against state
entities; therefore, the circuit court did not err in independently determining
the state hospital's liability, resulting in joint and several damages
different from those "awarded" by the jury. 127 H. 325 (App.), 278
P.3d 382 (2012).
Read together with this section, §663-10.9(3) requires the
imposition of joint and several liability only as adjudicated by the court, not
the jury; having determined that the state hospital's individual degree of
negligence was more than twenty-five per cent, the circuit court properly
awarded joint and several damages against the hospital to the full extent that
the court determined patient's injuries to arise out of the subject incident,
and therefore complied with §663-10.9(3). 127 H. 325 (App.), 278 P.3d 382
(2012).
Notes of Decisions
Cited in
12
cases, 1973–2012 · leading case:
Figueroa v. State, 604 P.2d 1198 (Haw. 1979).
Figueroa v. State, 604 P.2d 1198 (Haw. 1979).
· cites it 2× “HRS § 662-5 (1976). Appellees contended in the court below that appellant was negligent because Domingo did not have the key to the isolation cell with him and had to return to the staff office to récover the key; however, the court below did not find appellant *375 negligent…”
Viveiros v. State, 513 P.2d 487 (Haw. 1973).
· cites it 10× “Professor Moore's view, which I would adopt, is as follows: If the issue of damages was determined by the court and its findings of fact are clearly erroneous, so that they may be set aside by the appellate court under Rule 52(a), we believe that it has the power, where the…”
Salavea v. City & Cnty. of Honolulu, 517 P.2d 51 (Haw. 1973).
· cites it 4× “" [2] For example, HRS § 662-5 provides that "[a]ny action against the State under this chapter shall be tried by the court without a jury.”
Mehau v. Reed, 869 P.2d 1320 (Haw. 1994).
· cites it 2× “5 (1985) ("Whenever in an action brought under this chapter the legal title is in controversy, the issue shall be triable of right by a jury") (emphasis added); HRS § 633-31 (1985) ("In a case filed or pending in the small claims division of the district court in which a party…”
Yorita v. Okumoto, 643 P.2d 820 (Haw. App. 1982).
· cites it 2× “Plaintiffs objected and cited HRS § 662-5 (1976). The trial judge denied the motion.”
Breed Ex Rel. Breed v. Shaner, 562 P.2d 436 (Haw. 1977).
· cites it 2× “Is the County of Hawaii entitled to a non-jury trial under Hawaii Revised Statutes § 662-5? 2. Does the pre-accident transfer of jurisdiction by the County of Hawaii to the State of Hawaii of the portion of the highway here in question bar a finding of liability against the…”
Figueroa v. State, 604 P.2d 1198 (Haw. 1980).
· cites it 2× “HRS § 662-5 (1976). [3] Appellees contended in the court below that appellant was negligent because Domingo did not have the key to the isolation cell with him and had to return to the staff office to recover the key; however, the court below did not find appellant negligent…”
Miller v. Yoshimoto, 536 P.2d 1195 (Haw. 1975).
· cites it 3× “1 State Tort Liability Act, HRS § 662-5, reads: § 662-5 Jury. Any action against the State under this chapter shall be tried by the court without a jury.”
Dolan v. Hilo Med. Ctr., 278 P.3d 382 (Haw. App. 2012).
· cites it 18× “The Circuit Court employed the jury in an advisory capacity with respect to the claims against HMC, pursuant to HRS § 662-5 (1993). 2 The jury returned a special verdict finding Medtronic not liable for any of the claims against it.”
Anders v. State, 590 P.2d 564 (Haw. 1979).
· cites it 2× “2 HRS § 662-5 provides: Any action against the State under this chapter shall be tried by the court without a jury.”
Dyniewicz v. Cnty. of Hawaii, 733 P.2d 1224 (Haw. App. 1987).
· cites it 6× “Although Plaintiffs demanded a jury trial when they filed their complaint, they had no *592 absolute right to a trial by jury against the State because HRS § 662-5 (1985) provides: “Jury. Any action against the State under this chapter shall be tried by the court without a jury;…”
Mahoney v. Mitchell, 668 P.2d 35 (Haw. App. 1983).
“See Hawaii Revised Statutes § 662-5 (1976) and Rule 39(c), Hawaii Rules of Civil Procedure (HRCP).”
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.