Shibuya v. Architects Hawaii, Ltd.

OPINION OF THE COURT BY

NAKAMURA, J.

The appellants in this interlocutory appeal are the plaintiff and one of the putative joint tortfeasors in a negligence action; the appellees are the other alleged joint tortfeasors who were awarded summary judgments pursuant to HRS § 657-8, which we considered in an earlier form and declared invalid in Fujioka v. Kam, 55 Haw. 7, 514 P.2d 568 (1973). Though the statute has since been extensively amended, we nevertheless conclude it does not pass constitutional muster for the same reason — it breaches “the equal protection guaranty.” Id. at 13, 514 P.2d at…