Vliet v. Trs. of the Estate of Bernice Pauahl Bishop

• Docket Number: CAAP-22-0000384
• Decision Date: 06 June 2025
• Citation: Vliet v. Trs. of the Estate of Bernice Pauahl Bishop, CAAP-22-0000384 (Haw. App. Jun 06, 2025)
• Parties: ANDREW J. VLIET, III, Plaintiff-Appellee, v. TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP doing business as KAMEHAMEHA SCHOOLS, ELLIOT K. MILLS, in his capacity as Trustee of the Estate of Bernice Pauahi Bishop; CRYSTAL K. ROSE, in her capacity as Trustee of the Estate of Bernice Pauahi Bishop; JENNIFER N. GOODYEAR-KA'ŌPUA, in her capacity as Trustee of the Estate of Bernice Pauahi Bishop; MICHELLE KA'UHANE, in her capacity as Trustee of the Estate of Bernice Pauahi Bishop; and ROBERT K.W.H. NOBRIGA, in his capacity as Trustee of the Estate of Bernice Pauahi Bishop, Defendants/Cross-claimants/Cross-claim-Defendants-Appellants, and RICHARD D. GRONNA, as Personal Representative of the ESTATE OF ROBERT MCCORMICK BROWNE, Defendant-Appellee; ST. FRANCIS MEDICAL CENTER, Defendant/Cross-claim- Defendant/Cross-claimant-Appellee, and JOHN DOES 2-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE PARTNERSHIPS 1-20; DOE NON-PROFIT ENTITIES 1-20, and DOE GOVERNMENTAL ENTITIES 1-20, Defendants.
• Court: Hawaii Court of Appeals

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ANDREW J. VLIET, III, Plaintiff-Appellee, v. TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP doing business as KAMEHAMEHA SCHOOLS, ELLIOT K. MILLS, in his capacity as Trustee of the Estate of Bernice Pauahi Bishop; CRYSTAL K. ROSE, in her capacity as Trustee of the Estate of Bernice Pauahi Bishop; JENNIFER N. GOODYEAR-KA'ŌPUA, in her capacity as Trustee of the Estate of Bernice Pauahi Bishop; MICHELLE KA'UHANE, in her capacity as Trustee of the Estate of Bernice Pauahi Bishop; and ROBERT K.W.H. NOBRIGA, in his capacity as Trustee of the Estate of Bernice Pauahi Bishop, Defendants/Cross-claimants/Cross-claim-Defendants-Appellants, and RICHARD D. GRONNA, as Personal Representative of the ESTATE OF ROBERT MCCORMICK BROWNE, Defendant-Appellee; ST. FRANCIS MEDICAL CENTER, Defendant/Cross-claim- Defendant/Cross-claimant-Appellee, and JOHN DOES 2-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE PARTNERSHIPS 1-20; DOE NON-PROFIT ENTITIES 1-20, and DOE GOVERNMENTAL ENTITIES 1-20, Defendants.

No. CAAP-22-0000384

Intermediate Court of Appeals of Hawaii

June 6, 2025

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT(CIVILNO 1CC161000574)

On the briefs: Paul Alston, William S. Hunt, Nickolas A. KacprowskiClaire Wong Black, (Dentons), and Kelly G. Laporte, Amanda M Jones, Michi Momose, Trisha H.S.T. Akagi, (Cades Schutte) for Defendants/Cross-claimants/Cross-claim-Defendants-Appellants.

Terence J. O'Toole, Andrew J. Lautenbach, Kukui Claydon, (Starn O'Toole Marcus & Fisher), and Arthur F. Roeca, Jodie D. Roeca, (Roeca Luria Shin), for Defendant/Cross-claim-Defendant/Cross-claimant-Appellee.

Nakasone, Presiding Judge, McCullen and Guidry, JJ.

SUMMARY DISPOSITION ORDER

Defendants/Cross-claimants/Cross-claim-Defendants-AppellantsTrustees of the Estate of Bernice Pauahi Bishop doing business as Kamehameha Schools appeal from the Circuit Court of the First Circuit's May 23, 2022 order granting Defendant/Cross-claim-Defendant/Cross-claimant-Appellee St. Francis Medical Center's petition for determination of good faith settlement and Plaintiff-AppelleeAndrew J. Vliet, III's (Vliet) joinder (Good Faith Settlement Order).^[1]

For a brief background, Vliet sued Kamehameha Schools and St. Francis pursuant to Hawai'i Revised Statutes (HRS) § 657-1.8(2016), which permits certain actions "for recovery of damages based on physical, psychological, or other injury or condition suffered by a minor arising from the sexual abuse of the minor by any person" that would otherwise be time-barred.Vliet identified Robert McCormick Browne(Dr. Browne), formerly employed as Chief of Psychiatry at St. Francis, as having sexually abused him when he was a student at Kamehameha Schools.

Kamehameha Schools filed a cross-claim against St. Francis.St. Francis filed its answer and a cross-claim against Kamehameha Schools.Kamehameha Schools then filed a cross-claim against Dr. Browne's Estate.^[2] According to the court minutes, Vliet entered into separate settlement agreements with both St. Francis and Kamehameha Schools.St. Francis then petitioned for a determination of good faith settlement, which was granted.The circuit court entered its Good Faith Settlement Order.Kamehameha Schools appealed from that order.

Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the issues raised and the arguments advanced, we resolve the points of error as discussed below and affirm.

Kamehameha Schools contends the circuit court erred in concluding that, under HRS § 663-15.5(2016), the good faith settlement between Vliet and St. Francis barred Kamehameha Schools' cross-claims for breach of contract, negligence, indemnification, and attorneys' fees pursuant to Uyemura v. Wick, 57 Haw. 102, 551 P.2d 171(1976).

When a court determines a settlement was made in good faith, HRS § 663-15.5(d) bars joint tortfeasors from making claims against the settling tortfeasor except for claims based on a written indemnity agreement:

(d) A determination by the court that a settlement was made in good faith shall:

(1) Bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . except those based on a written indemnity

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