Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lackey v. Walter Kidde Portable Equipment, Inc.

Superior Court of Rhode Island

September 8, 2017

DONALD F. LACKEY, JR., et al.
v.
WALTER KIDDE PORTABLE EQUIPMENT, INC., et al. TINA JANIK, et al.
v.
WALTER KIDDE PORTABLE EQUIPMENT, INC., et al. TINA JANIK, et al.
v.
ARMAND J. DESVOYAUX, et al.

         Providence County Superior Court Kent County Superior Court

          For Plaintiff: Patrick C. Barry, Esq.; William P. Devereaux, Esq.; Robert M. Brady, Esq.; Daniel P. McKiernan, Esq.; Peter N. Wasylyk, Esq.; William A. Poore, Esq.

          For Defendant: Joseph V. Cavanagh, Jr., Esq.; Marc DeSisto, Esq.; Danielle J. Mahoney, Esq.; Perry W. Miles, Esq.

          DECISION

          LANPHEAR, J.

         These matters came on for hearing on August 30, 2017 on Defendant Walter Kidde Portable Equipment, Inc.'s Motion for Summary Judgment. After hearing thereon and review of the memoranda and law submitted by counsel, the Court will preliminarily decide one contested, discrete issue upfront, that is, whether the parents of the injured adult Plaintiffs are entitled to recover for loss of society (or consortium) of their children.

         I

         The Statute

         Prior to 2010, the statute governing such loss stated:

"Whenever the death of an unemancipated minor shall be caused by the wrongful act, neglect or default of another person, the parent or parents of the minor may recover damages against the person for the loss of the minor's society and companionship." G.L. 1956 § 10-7-1.2.

         As recovery for the loss of society of an adult child was restricted at common law, this statute was construed so as to prevent recovery for losses of society of adult children. This statute was the statute in effect on the date of the house fire which is the subject of this dispute, February 2010. Several people who perished were the adult children of Plaintiffs herein.

         In June 2010, § 10-7-1.2 was amended to allow recovery for loss of society for one's child, without any age restriction: "Whenever the death of a son or daughter shall be caused by the wrongful act, neglect, or default of another person, the parent or parents of the son or daughter may recover damages against the person for the loss of the son's or daughter's society and companionship." The law was amended by P.L. 2010, ch. 232 and 240. Each of the acts stated that, "This act shall take effect upon passage."

         Plaintiffs commenced these various actions thereafter, with the first suit being filed in January 2012. All suits were instituted after the statute had been amended to allow for the loss of adult children.

         II

...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.