Hawaii Supreme Court
Esther Levy v. George P. Kimball
February 16, 197051 Haw. 540
Summary
The court affirmed a damages judgment against the State, holding that the trial court properly admitted the plaintiff's prior trial testimony because she was unavailable within the court's jurisdiction. It also held that the State Tort Liability Act authorizes attorney's fees of up to 20 percent of the judgment in addition to, rather than deducted from, the compensatory award. The court reasoned that the Hawaii statute deliberately omitted federal language requiring fees to be paid from the recovery.
Holding
- Admission of the transcript of Levy's prior testimony. The trial court properly admitted the transcript because Levy was outside Hawaii's jurisdiction and therefore unavailable to testify at the second trial.
- Whether attorney's fees are deducted from or added to the damages award under HRS § 662-12. HRS § 662-12 authorizes the trial court to award reasonable attorney's fees up to 20 percent of the judgment in addition to the judgment, not out of the judgment.
Docket NO. 4872
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