Defendant Allowed To Introduce Evidence At Trial Of Other Settled Defendants’ Fault in Adams v. State of Hawaii Dept. of Transportation
A recent case out of Hawaii looked at the issue of whether one defendant can introduce evidence of another party’s fault in a car accident after that party has settled. In Adams v. State of Hawaii Dept. of Transportation, the family of a woman who was killed after exiting a taxi cab in Kailua. In this pedestrian accident lawsuit, after Patricia Adams got out of a taxi on Kalanianaole Highway in Kailua she crossed the highway to catch a bus to Waimanalo. As she was crossing the road, she was struck by a car and died the next day from injuries sustained in the accident.
The family filed a wrongful death lawsuit alleging negligence against the taxi driver, the car driver and the Hawaii Department of Transportation (DOT). When any personal injury accident occurs, several different sources may be potentially responsible for the harm caused. It is important to consult with an experienced Hawaii personal injury law firm to begin an investigation and determine your next steps.
The lawsuit against DOT included allegation of negligent roadway design, including the following:
• [DOT] owed a duty to properly design and maintain the crosswalk and roadway where [Adams] was struck
• [DOT] breached its duties by negligently designing the crosswalk area and/or failing to providing adequate lighting and/or signage
• [DOT]’s negligence was a direct and proximate cause of the injuries and wrongful death.
Here, the family of the victim settled with both the taxi driver and the car driver, but went on to trial with DOT. At trial, the court specifically prohibited DOT from using the “empty chair defense,” i.e. pointing the finger at the other two defendants as responsible for the accident. However, on appeal the Intermediate Court of Appeals In Hawaii determined that a defendant may be allowed to introduce evidence that its negligence was not the cause of the accident even though the evidence will logically point the finger at someone of something else as causing the accident.
However, because the other parties settled in good faith, if DOT is found liable, it cannot seek contribution from the other parties.
In many situations, more than one party may be held responsible for an accident, and as a result, each liable party may be required to pay compensation based on the their degree of fault. Adams is an important decision in that it finds even after those parties have settled, a remaining party on trial may point to other parties as the source of fault as part of a valid defense.
Many times, the laws surrounding Hawaii personal injury accidents may be complex and significantly affect your ability to obtain the compensation you deserve. For more information about the personal injury laws or if you have been in a serious accident, contact the experienced Hawaii personal injury law firm of Bostwick & Peterson for a confidential consultation.
