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Hargreaves v. Jack5/12/2000
e some but not all of the express WDA remedies that are allowed via an independent statutory cause of action. Absent an irreconcilable conflict between these two statutes, I would not interpret the Legislature as having intended that the IOD statute would impliedly bar some, but not all, of the express remedies allowed by the WDA -- especially when it would seem possible to construe both statutes to give effect to all of their respective provisions.
For these reasons, I concur in so much of the Court's opinion as allows this plaintiff, a surviving spouse of a deceased public-safety officer, to sue any and all potentially responsible parties under the WDA for any and all remedies available to her thereunder (subject to whatever other defenses may be available to these defendants). I respectfully dissent, however, from so much of the Court's opinion as prevents her from doing so. Thus, I agree with that portion of the Court's opinion concluding that the IOD statute does not prevent the surviving spouse from suing all allegedly responsible parties who may have caused or contributed to her husband's death, but I dissent from that portion of the Court's opinion that precludes the surviving spouse from suing under the WDA to recover for her deceased husband's pain and suffering and lost earning power. I further concur with the Court's caveat that, in the surviving spouse's suit against the municipality, "the City should get credit against any recovery for the monthly IOD stipend if plaintiff has elected to claim it." In doing so, however, I note that in Aldcroft, 106 R.I. at 316-17, 259 A.2d at 412-13, we held "that if, in enacting [the IOD statute], the legislature had intended to abrogate the collateral source rule [also a common-law doctrine], it would have said so in express terms." Therefore, I would not allow any of the other defendants in this case to receive any credit if the plaintiff has elected to claim her IOD benefits under ยง 45-19-12.
Appeal from County: Superior Providence
JUDGE FROM OTHER COURT: Thompson, J.
JUSTICES:
Weisberger, C.J., Lederberg, Bourcier,
Goldberg, JJ. Concurring
Flanders,J Concurring in part and Dissenting in part
Page 1 2 3 4 5 6 7 Rhode Island Personal Injury Attorneys
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