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Craftsman Builder's Supply Inc. v. Butler Manufacturing Co.3/5/1999
that existed around the turn of the century. As one commentator explained:
"The history of the Arizona Constitutional Convention reveals the broad protection that the framers intended with the anti-abrogation provisions. The Arizona Constitution was drafted during the "high-water mark" of the progressive movement. The progressives did not trust big corporations. The powerful industries during that time were the railroad and mining corporations. These corporations were notorious for political domination and corruption."
"The progressive movement allied itself with prolabor interests. Together, the progressive and labor interests set out to protect individuals from big business by regulating corporations and by curbing the substantive power of the legislature. This "tenacious" alliance influenced the Arizona Constitution. Ultimately, the convention approved a number of provisions that favored individuals over business, including the anti-abrogation provisions." Johnny J. Sorensen, Comment, Adios Statute of Repose: A Temporary Aberration in Constitutional Interpretation, 26 Ariz. St. L.J. 1101, 1107-08 (1994) (footnotes omitted).
The law that had developed under Chapter 29 of the Magna Carta, according to Coke and Blackstone, provided the means for dealing with such abuses. See generally Tennessee's Open Court Clause at 358-63. Arizona, for example, adopted Article XVIII, section 6 as part of its constitution, the strongest of all such state constitutional provisions, not only to protect the right of citizens to a legal remedy for injuries inflicted, but also to protect specific "rights of actions" to recover damages. Article XVIII, section 6 of the Arizona Constitution states, "The right of action to recover damages for injury shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation." For an explanation of related purposes underlying Article I, section 11 of the Utah Constitution, see Berry, 717 P.2d at 674-81, and Justice Zimmerman's lengthy and accurate explanation in Condemarin v. University Hospital, 775 P.2d 348, 366, 367 (Utah 1989) (Zimmerman, J., Concurring).
Article I, section 11 of the Utah Constitution is much more flexible and much less restrictive of legislative power than the Arizona provision. Section 11 protects a citizen's right to a remedy rather than causes of action as such, but the abuses that gave rise to the Arizona provision no doubt influenced the Utah Framers. It is significant that the labor article in the Utah Constitution, Article XVI, section 5, gave constitutional protection, as does Arizona's constitution, to wrongful death "causes of action" and provides that the amount that can be recovered in damages cannot be limited by statute. Article XVI, section 5 of the Utah Constitution (as later amended to accommodate the Workers' Compensation Act) states:
"The right of action to recover damages for injuries resulting in death, shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation, except in cases where compensation for injuries resulting in death is provided for by law."
Although the remedies clause in Article I, section 11 does not protect particular causes of action, it does safeguard remedies necessary to protect the interests of person, property, and reputation from arbitrary abrogation, as Evans, 52 Utah 394, 174 P. 825 (1918), Masich, Berry, Horton v. Goldminer's Daughter, 785 P.2d 1087 (Utah 1989), and Sun Valley Water Beds v. Herm Hughes & Son, Inc., 782 P.2d 188 (Utah 1989), show.
Justice Zimmerman asserts that history supports the view that the Framers of the Utah Constitution did not intend t
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