 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Joslyn v. Chang11/21/2005
xercised at the discretion of the appropriate branch of government," the Legislature. Zayre Corp. v. Attorney Gen., 372 Mass. 423, 433-434 (1977). We cannot introduce an equitable exception when the Legislature has fashioned an ironclad rule. In any event, the generous time allowed for suit under ยง 4 weighs strongly against implication of a rule of equitable tolling as a matter of fairness. See Lantzy v. Centex Homes, 31 Cal. 4th 363, 367 (2003).
As we have stated previously, we recognize that statutes of repose "may impose great hardship on a plaintiff who has suffered injury and has a meritorious claim" but who does not suffer or discover the injury within the period permitted for initiation of suit. Klein v. Catalano, supra at 713. Nevertheless, we are not to interpret a statute based on such concerns. Id. The principle of judicial restraint embodied in art. 30 of the Massachusetts Declaration of Rights recognizes "the inability and undesirability of the judiciary substituting its notions of correct policy for that of a popularly elected Legislature." Zayre Corp. v. Attorney Gen., supra at 433 (challenge to Sunday closing laws).
" he duty of the court to adhere to the very terms of the statute, and not, upon imaginary equitable considerations, to escape from the positive declarations of the text. No exceptions ought to be made, unless they are found therein; and if there are any inconveniences or hardships growing out of such a construction, it is for the legislature, which is fully competent for that purpose, and not for the court, to apply the proper remedy." Spring v. Gray, supra at 985. The Legislature studied the economic realities of the delivery of health care services in the Commonwealth extensively, and the enactment of the statute of repose was part of its rational solution. See Harlfinger v. Martin, supra at 48-49. It is not for this court to revisit these policy considerations.
The plaintiffs refer us to cases from other jurisdictions in which fraudulent acts were found to have tolled other statutes of repose or given rise to equitable estoppel. In light of the differing language of the laws at issue, the differing postures of the cases themselves, and the compelling legislative history in this jurisdiction, we decline to follow their reasoning.
Judgment affirmed.
Page 1 2 3 4 5 Massachusetts Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|