Funn v. Gronna

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
09-JUN-2025
07:49 AM
Dkt. 63 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

ANTHONY P. FUNN, Plaintiff-Appellee, v.
RICHARD D. GRONNA, as Personal Representative of
THE ESTATE OF ROBERT McCORMICK BROWNE,
Defendant/Cross-claim Defendant-Appellee, and
TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP,
doing business as KAMEHAMEHA SCHOOLS,
Defendants/Cross-claimants/Third-Party Plaintiffs/
Cross-claim-Defendants-Appellants;
ST. FRANCIS MEDICAL CENTER, a Hawaiʻi corporation,
Defendant/Cross-claim-Defendant/Cross-claimant-Appellee, and
ST. FRANCIS HEALTHCARE SYSTEM OF HAWAII,
a Hawaiʻi non-profit corporation, Defendant/Third-Party
Defendant-Appellee, and DOES 1-10, Defendants, and
JOHN DOES 1-10; JOHN DOE CORPORATIONS 1-10;
JOHN DOE PARTNERSHIPS 1-10; and
JOHN DOE NON-PROFIT ENTITIES 1-10, Third-Party Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER
(By: McCullen, Presiding Judge, Guidry, J.,
and Circuit Court Judge Copeland,
in place of Leonard, Acting Chief Judge, Hiraoka, Wadsworth,
and Nakasone, JJ., recused)

Defendants/Cross-claimants/Third-Party Plaintiffs/

Cross-claim-Defendants-Appellants Trustees of the Estate of
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Bernice Pauahi Bishop doing business as Kamehameha Schools

appeal from the Circuit Court of the First Circuit's 1

November 14, 2022 order granting Defendant/Cross-claim-

Defendant/Cross-claimant-Appellee St. Francis Medical Center's

petition for determination of good faith settlement and

Defendant/Third-Party Defendant-Appellee St. Francis Healthcare

System of Hawaii's (SFHS) joinder (Good Faith Settlement Order). 2

For a brief background, Plaintiff-Appellee Anthony P.

Funn sued Kamehameha Schools, St. Francis, and Defendant/Cross-

claim-Defendant-Appellee Estate of Robert McCormick Browne

(Dr. Browne) 3 pursuant to Hawaiʻi 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. 4

Funn identified Dr. Browne, who was formerly employed as Chief

1 The Honorable James H. Ashford presided until August 12, 2021; the
Honorable Gary W.B. Chang presided over all further activity in the case.

2 The Circuit Court also granted SFHS' joinder in a separate order on
October 24, 2022 (Substantive Joinder Order).

3 Dr. Browne is deceased, and the Estate is a nominal appellee in this
appeal.

4 Funn later filed a second amended complaint to include SFHS as a
defendant and added claims for intentional fraudulent transfer, constructive
fraudulent transfer, and piercing the corporate veil.

2
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

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 and Dr. Browne's Estate. St. Francis filed its

answer and a cross-claim against Kamehameha Schools and

Dr. Browne's Estate. Kamehameha Schools then filed a third-

party complaint against SFHS.

Funn settled with St. Francis and SFHS. According to

Kamehameha Schools, Funn also settled with Kamehameha Schools.

St. Francis then petitioned the circuit court for a

determination of good faith settlement and SFHS moved to join,

which was granted. The circuit court entered its Good Faith

Settlement Order. Kamehameha Schools appeals 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 that the circuit court

erred in concluding that, under HRS § 663-15.5 (2016), Funn's

good faith settlement with St. Francis and SFHS 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), and third-

3
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

party claims for intentional and constructive fraudulent

transfers and piercing the corporate veil.

When a court determines that 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
agreement; and

(2) Result in a dismissal of all cross-claims filed
against the settling joint tortfeasor . . . except
those based on a written indemnity agreement.

HRS § 663-15.5(d) (formatting altered).

Here, Kamehameha Schools' cross-claims, including its

breach of contract and Uyemura claims, arise out of the

"original injury" to Funn caused by Dr. Browne's abuse and are

"directly or indirectly" in the nature of contribution and

indemnity claims. See Abad v. Griffith, 155 Hawai‘i 223, 560

P.3d 478, Nos. CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX, 2024 WL

5088457, at *5 (App. Dec. 12, 2024) (SDO) (concluding the

approval of a good faith settlement "requires dismissal of only

those crossclaims against a settling joint tortfeasor raised in

the capacity of a joint tortfeasor, i.e., those seeking

contribution or indemnity (directly or indirectly) for the

4
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

injury (to the complainant) that is the subject of the good

faith settlement"). As Kamehameha Schools acknowledges, its

third-party claims against SFHS depend on its other claims.

The Good Faith Settlement Order dismissed the cross-

claims against St. Francis, discharged St. Francis "from all

liability for contribution to any other joint tortfeasor or co-

obligor[,]" and barred "any further claims against St. Francis

. . . in connection with this litigation, except those based

upon a written indemnity agreement." The Substantive Joinder

Order concluded that SFHS' substantive joinder to the Petition

was granted "as to all cross-claims and third-party claims

pursuant to [HRS §] 663-15.5(d)(2)."

The circuit court's dismissal of Kamehameha Schools'

cross-claims against St. Francis and third-party claims against

SFHS, and its discharge of St. Francis (and therefore, SFHS)

"from all liability for contribution to any other joint

tortfeasor or co-obligor," is consistent with the underlying

purpose of HRS § 663-15.5 - protecting settling tortfeasors from

contribution claims brought by other joint tortfeasors.

Thus, the circuit did not err in concluding Funn's

good faith settlement with St. Francis and SFHS barred

Kamehameha Schools' cross-claims for breach of contract,

negligence, indemnification, and attorneys' fees.

5
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Based on the foregoing, we affirm the circuit court's

November 14, 2022 Good Faith Settlement Order.

DATED: Honolulu, Hawaiʻi, June 9, 2025.

On the briefs: /s/ Sonja M.P. McCullen
Presiding Judge
Paul Alston,
William S. Hunt, /s/ Kimberly T. Guidry
Nickolas A. Kacprowski, Associate Judge
Claire Wong Black,
(Dentons), and /s/ Rebecca A. Copeland
Kelly G. Laporte, Circuit Court Judge
Amanda M. Jones,
Michi Momose,
Trisha H.S.T. Akagi,
(Cades Schutte),
for Defendants/Cross-
claimants/Third-Party
Plaintiffs/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 St. Francis Medical
Center.

David J. Minkin,
Jordon J. Kimura,
(McCorriston Miller Mukai
MacKinnon),
for Defendant/Third-Party
Defendant-Appellee
St. Francis Healthcare System
of Hawaii.

6