Hargreaves v. Jack

For the reasons stated by the Court and for those set forth in rñy dissenting opinion in Kaya v. Partington, 681 A.2d 256, 267-71 (R.I.1996) (Flanders, J. dissenting), I agree that the so-called Injured On Duty (IOD) statute, G.L.1956 chapter 19 of title 45, does not bar plaintiff from pursuing her surviving spouse’s remedy under the Wrongful Death Act (WDA), G.L.1956 chapter 7 of title 10. But for these same reasons I also do not believe that the IOD statute bars plaintiff from recovering under §§ 10-7-5 and 10-7-7 of the WDA for her deceased husband’s pain and suffering and for the lost…