Whitney v. Fisher

Had the legislature intended 12 V.S.A. § 5431 to apply retroactively, they could have so stated. They did not, and therefore, as the majority appears to acknowledge, 1 V.S.A. § 213 bars retroactivity. Woods v. Shumway, 134 Vt. 242, 244, 356 A.2d 529, 531 (1976); Fuller v. City of Montpelier, 73 Vt. 44, 50 A. 544 (1901). At the time these events occurred, plaintiff had no cause of action for loss of consortium. I would apply the law as it stood at that time, rather than create a cause of action out of thin air.