Martinez v. Asplundh Tree Expert Co.

I respectfully dissent to the majority opinion in this ease because it-is shamefully inconsistent with the established precedent of this State. In order to reach a very result-oriented decision, the majority distorts the paradigm of analysis engaged in by this Court for decades regarding the retroactivity of statutes.

The approach to be utilized in determinations of retroactive or prospective statutory application is very clear. The analysis begins with the presumption that a statute operates only prospectively unless the legislative intent for retroactive application is clearly stated. Syl.…