LIHU‘E — The Kaua‘i County Council last week held a special meeting behind closed doors to discuss with County Attorney Al Castillo “possible settlement proposal(s)” in various civil lawsuits featuring Jimmy Pflueger, according to a published agenda. Following the April
LIHU‘E — The Kaua‘i County Council last week held a special meeting behind closed doors to discuss with County Attorney Al Castillo “possible settlement proposal(s)” in various civil lawsuits featuring Jimmy Pflueger, according to a published agenda.
Following the April 29 executive session, Castillo told The Garden Island he had briefed council members on a two-day mediation held March 27 and March 30 that had been attended by Richard Nakamura, the county’s special counsel in the matter, and all of the other parties in the suits.
When asked about the possibility of the county settling outside of court to extricate itself from the series of lawsuits, Castillo pointed to a legal rule called “joint and several liability.”
Under joint liability, all parties are responsible to pay a communal debt — a prime example being a married couple cosigning a loan agreement. Under several liability, separate parties are only responsible for their respective obligations.
However, under “joint and several liability,” claimants can seek the full damages against any combination of defendants regardless of their share of culpability.
With other defendants including Pflueger and the State of Hawai‘i, and the claims in the millions of dollars, the county’s share of potential awarded damages could be substantial, which could make an out-of-court settlement an attractive option.
