Victoria Roach v. State of Rhode Island

After a great deal of research and reflection and even soul-searching, I have concluded that I must dissent from the Court’s thoughtful and well-written opinion. I do so respectfully, but quite ardently. The majority opinion is unquestionably the product of a conscientious attempt to apply this Court’s precedent to the instant factual situation; however, I simply disagree with the legal conclusions reached by the majority. It is my view that: (1) the $100,000 statutory tort cap (G.L. 1956 § 9-31-2) should apply; and (2) the award of prejudgment interest was inappropriate in the instant case.1

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