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Sindelar v. Leguia5/17/2000
rather than a judicial setting." Cardi Corp. v. City of Warwick, 122 R.I. 478, 479, 409 A.2d 136, 137 (1979).
Sindelar finally claims that other jurisdictions have grappled with the "absentee-parent" exception, and these courts have concluded that such a parent cannot enjoy recovery under applicable wrongful death law, most notably in Guy v. Johnson, 448 N.E.2d 1142 (Mass. 1983). There, in the context of an absentee father seeking to recover damages for the wrongful death of his son, the Massachusetts court found that a parent "disassociated from the decedent * * * cannot justly claim that the decedent had any monetary value for him." Id. at 1145. It simply suffices to say that Guy is clearly distinguishable and inapposite to the issue before us because the Massachusetts court was interpreting a statutory section recognizing damages akin to loss of consortium, including compensation for loss of "protection, care, assistance, society, companionship comfort." Id. at 1144 (quoting Mass. General Laws ch. 229, § 2). Those damages clearly go beyond the pecuniary damage determinations prescribed in § 10-7-1.1. Accordingly, we cannot draw any meaningful comparison between our Rhode Island Wrongful Death Act provisions and the Massachusetts court's Wrongful Death Act interpretative caselaw, and conclude the holding in Guy is not relevant to the case before us.
For the reasons stated above, the plaintiff's appeal is denied and the grant of summary judgment by the Superior Court is affirmed. The papers in this case are remanded to the Superior Court.
DATE OPINION FILED: May 17, 2000
Appeal from County: Superior Providence
JUDGE FROM OTHER COURT: Israel, J.
JUSTICES:
Weisberger, C.J., Lederberg, Bourcier,
Flanders, Goldberg, JJ.
Concurring
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