Kennedy v. Cumberland Engineering Co., Inc.

While recognizing the legitimate concern of my colleagues in upholding a statute that effectively denies redress to the injured plaintiff, I must respectfully dissent upon the ground that G.L.1956 (1969 Reenactment) § 9-l-13(b), as amended by P.L.1978, ch. 299, § 2, is well within the legislative power as defined by our constitution.

The majority opinion’s reliance upon article I, section 5, of our constitution to invalidate § 9 — 1—13(b) is both misguided and misplaced in light of the previous holdings of this court. That section, as the majority recognizes, has been most frequently employed…