ICA: a good faith settlement under HRS § 663-15.5 does not preclude a defendant from introducing evidence that it was not the cause of the accident even though doing so will point the finger at the defendant who settled

Under Hawaii law, when a plaintiff and a tortfeasor settle a claim in good faith, the settling tortfeasor is discharged from all liability for any contribution to non-settling tortfeasors. HRS § 663-15.5.

Does that mean a non-settled tortfeasor cannot introduce evidence at trial that would point to the settled defendant as the cause of the accident?

No, says the ICA. A good faith settlement made pursuant to HRS § 663-15.5 does not preclude a defendant from introducing evidence that it was not the cause of the accident even though this evidence will logically point the finger at a defendant who settled in good faith.

In Adams v. Yokooji, filed Friday, a woman got out of a cab at night, began crossing the street to catch a bus, and was struck and killed by a car. Her estate sued the driver of the car that hit her, the cab driver who dropped her off, and the DOT (for negligent design and insufficient street lighting).

The estate settled with the cab driver and the driver of the car that struck the woman. The DOT said it would introduce evidence that the lighting was sufficient and that the driver who hit her should have seen the woman. The ICA heard the case on an interlocutory appeal.