Hargreaves v. Jack

750 A.2d 430, 2000 R.I. LEXIS 111, 2000 WL 582808
CourtSupreme Court of Rhode Island
DecidedMay 12, 2000
Docket98-563-Appeal
StatusPublished
Cited by23 cases

This text of 750 A.2d 430 (Hargreaves v. Jack) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hargreaves v. Jack, 750 A.2d 430, 2000 R.I. LEXIS 111, 2000 WL 582808 (R.I. 2000).

Opinions

OPINION

WEISBERGER, C.J.

This case came before the Court on the plaintiffs appeal from the entry of summary judgment in the Superior Court in favor of the defendants. For the reasons stated below, we vacate the summary judgment and remand the case for further proceedings consistent with this opinion.

The facts in this case are not in dispute. The plaintiff, Gail Hargreaves (Gail or plaintiff), is the widow of John F. Hargreaves (Hargreaves), who, after nineteen years of service as a firefighter, suffered a fatal injury while in the course of his employment for the City of Pawtucket on August 22, 1993.1 He had responded to a fire at 100 Cottage Street in Pawtucket. While he was tending his pumper truck in accordance with departmental policy, and by order of his immediate supervisor, another superior officer ordered Hargreaves into the building. As the conditions worsened, the commanding officer decided to evacuate all firefighters from the building, but the officers in charge were unable to track the whereabouts of all personnel on the scene. Hargreaves was left behind in the building. By the time he was able to escape from the flames, he had suffered fatal injuries, and died one month later.

On March 22, 1996, plaintiff, individually and in her capacity as the administratrix of the estate of John F. Hargreaves, filed a wrongful death action in Providence County Superior Court against the City of Paw-tucket (city) and two superior officers. In this original complaint, she sought to hold these defendants liable for their alleged negligence in the management and supervision of. the firefighting operation. She alleged that the ordering of Hargreaves into the building by his superiors, and the manner in which the battalion commander managed the. fireground violated departmental policy.

[432]*432Subsequent to the filing of this first action, this Court decided Kaya v. Partington, 681 A.2d 256 (R.I.1996), in which we held that G.L.1956 § 45-19-1, otherwise known as the injured-on-duty (IOD) benefits statute, was the exclusive remedy for firefighters and police officers for injuries occurring in the line of duty. Believing that this Court’s holding in Kaya essentially would bar her claims against the individual firefighters and the city, and because the statute of limitations was about to terminate in respect to the first action, plaintiff filed a second complaint against the individual police officers at the scene. She maintained that they were negligent in their provision of fireground support and security in the area surrounding the fire, and that this was a proximate cause of Hargreaves’s injuries.

In her second action, plaintiff argued that Kaya does not extend to the individual police officers in the department, and, in the alternative, that the IOD statute violates certain federal and state constitutional provisions.2 The defendants removed the case to Federal District Court with respect to the claims arising under the Federal Constitution, and then filed a motion to dismiss. A federal district court judge granted a motion to dismiss the federal claims, and declined to exercise pendent jurisdiction over the claims arising under the Rhode Island Constitution. The judge remanded the remaining state law claims to the Rhode Island Superior Court. Both complaints were consolidated, and defendants moved for summary judgment on the wrongful death action, and to dismiss the second complaint. The trial justice granted both motions. Relying on our decision in Kaya, the trial justice held that the IOD statute was the exclusive remedy for a “firefighter injured in the line of duty,” and that it precluded negligence suits against superior and fellow officers. The trial justice reasoned that this Court’s decision in Kaya “suggests that [we] would include negligence claims across departmental lines and fellow officers of the same rank.” The trial justice further concluded that plaintiffs constitutional challenges had no merit. She specifically noted that the “IOD statute gave plaintiff rights that she would not have had without the statute because of the doctrine of sovereign immunity and the police offieers’/firefighters’ rule.” The trial justice also found that the “statute specifically lays out [a rational] principle to which an administrative officer must conform when it compensates firefighters and their families for injuries incurred in the line of duty.”

The issues raised by this appeal are whether our decision in Kaya operates as a matter of law to preclude plaintiffs wrongful death action, and, if so, whether the IOD statute violates provisions of the Rhode Island Constitution.

When reviewing the grant of a summary judgment motion, “this Court employs the same standard on review as the trial justice.” Splendorio v. Bilray Demolition Co., 682 A.2d 461, 465 (R.I. 1996). We must review “all the pleadings, affidavits, admissions, and other appropriate evidence in the light most favorable to the nonmoving party and then [determine] if the moving party is entitled to judgment as a matter of law.” Benner v. J.H. Lynch & Sons, Inc., 641 A.2d 332, 335 (R.I.1994). For the reasons set forth below, we reverse the trial justice’s grant of summary judgment.

The history of the IOD statute and its amendments thereto are discussed in de[433]*433tail in Kaya, and do not need repeating here. In that case, we were faced with a police sergeant who was injured by an unknown assailant in the course of making an arrest. See Kaya, 681 A.2d at 258. Kaya alleged that his employer was negligent in providing white shirts instead of blue shirts as part of his uniform, thereby making him a more likely target for assault, and by failing to give him “riot gear.” Id.

In Kaya, we held that § 45-19-1 was the officer’s exclusive remedy and precluded a separate tort action against his employer and the municipality. 681 A.2d at 260. We inferred an exclusivity provision implicit in the statutory framework in light of the goals and purposes of the IOD statute. Like the Workers’ Compensation Act (WCA), the IOD remedy “allows a recovery without [a] showing of fault and is not subject to the various tort defenses.” Id. In order to achieve this goal, the Legislature explicitly required that the WCA be the exclusive remedy available to injured workers, completely replacing all other remedies. See id. We inferred a similar implicit intent of exclusivity with respect to the IOD remedy.

In the instant case, we distinguish our opinion in Kaya, wherein the officer received a greater benefit under the IOD statute than he would have received under the WCA. The intent behind § 45-19-1 was to “provide greater work-related-injury benefits to certain public employees whose jobs require them to serve the state or its municipalities, often in dangerous situations.” Labbadia v. State, 513 A.2d 18, 21 (R.I.1986). Under the IOD statute, a firefighter injured while in the performance of his duties would receive his full salary, while under the WCA, an “employee [would receive] only [a] percentage of salary provided in G.L.1956 (1979 Reenactment) § 28-33-17.” Labbadia, 513 A.2d at 21. In

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Hargreaves v. Jack
750 A.2d 430 (Supreme Court of Rhode Island, 2000)

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Bluebook (online)
750 A.2d 430, 2000 R.I. LEXIS 111, 2000 WL 582808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hargreaves-v-jack-ri-2000.