Gagnier v. Curran Construction Company

I concur in that part of the majority opinion disallowing punitive damages for the reasons therein stated; I dissent from that part of the majority opinion disallowing compensatory damages.

In this case a 9 year old child was killed by the cave-in of an excavation created and maintained in a dangerous condition by a building contractor who did absolutely nothing to protect anyone. The majority opinion completely absolves the contractor from any liability for the child’s death as a matter of law, reversing a jury verdict in the process. In my view, this is unjust.

*481As I read the majority opinion,…