§662-10 Judgment as bar. The judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the State whose act or omission gave rise to the claim. [L 1957, c 312, pt of §1; Supp, §245A-10; HRS §662-10]
Case Notes
Where plaintiff alleged that plaintiff was sexually assaulted by a youth correctional officer while plaintiff was a minor ward detained at a youth correctional facility, this section did not bar plaintiff from obtaining contemporaneous judgments from defendant in defendant's individual capacity and from the State; to the extent that recovery against the State was predicated on the alleged negligence of defendant's superiors in hiring, supervising, training, and retaining defendant, such a claim did not involve "the same subject matter" as the intentional tort claims against defendant. 133 H. 453, 331 P.3d 431 (2014).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
662-2 Waiver and liability of State.
662-6 Pleadings, trial and appeal.
662-13 No awards except upon legal evidence.
662-14 Exclusiveness of remedy.
662-16 Defense of state employees; county lifeguards.
662-17 Benefits and obligations of parents of minor employees.
662-19 Limited liability for skateboarding activities in public skateboard parks.