Bouchard v. Price

• Citation: 694 A.2d 670
• Decision Date: 05 May 1997
• Docket Number: No. 95-205-A,95-205-A
• Parties: 26 Media L. Rep. 1321 Marie BOUCHARD et al. v. Craig PRICE ppeal.
• Court: United States State Supreme Court of Rhode Island

Page 670

694 A.2d 670

26 Media L. Rep. 1321

Marie BOUCHARD et al. v. Craig PRICE

No. 95-205-Appeal.

Supreme Court of Rhode Island.

May 5, 1997.

Rebecca Tedford Partington, Nicholas Gorham, Providence, for Plaintiff.

Robert B. Mann, Providence, for Defendant.

Present: WEISBERGER, C.J., and LEDERBERG, BOURCIER and FLANDERS, JJ.

OPINION

LEDERBERG, Justice.

This case came before the Supreme Court on cross-appeals by the plaintiffs, Marie Bouchard, in her capacity as beneficiary of the estate of Joan Heaton; Steven Garofalo, in his capacity as the administrator of the estate of Joan Heaton; Mary Lou Bouchard, Raymond Bouchard, and Gail Zakalis, in their capacities as the brother and sisters of Joan Heaton; and Nancy Mayer, General Treasurer of the State of Rhode Island, ex rel. the above-named plaintiffs; and by the defendant, Craig Price. The plaintiffs have appealed the dismissal of their claims for wrongful death, unjust enrichment, and relief under the so-called Slayer's Act. The defendant has appealed the granting of the plaintiffs' motion for summary judgment on their sole remaining count seeking a declaration that the defendant is subject to the Criminal Royalties Distribution Act of 1983. The Attorney General for the State of Rhode Island has intervened, pursuant to Rule 24(d) of the Superior Court Rules of Civil Procedure, to argue that the Criminal Royalties Distribution Act is constitutional.

Facts and Procedural History

On September 21, 1989, defendant, then aged fifteen, appeared before the Family Court and admitted sufficient facts to be adjudicated delinquent for the murders of Joan Heaton and her daughters, Jennifer and Melissa Heaton. See State v. Price, 672 A.2d 893, 894-95 (R.I.1996). On April 26, 1994, plaintiffs filed a complaint against defendant in the Superior Court in which they sought damages for wrongful death (counts 1 through 6), relief based upon a theory of unjust enrichment (count 7), a declaration that defendant was subject to the Criminal Royalties Distribution Act of 1983 (count 8), and a declaration preventing defendant from receiving any benefits or property as a result of the deaths of Joan, Jennifer, and Melissa Heaton (count 9).

Following a hearing on August 16, 1994, defendant's motion to dismiss was granted in respect to all counts except count 8. On February 24, 1995, plaintiffs' motion for summary judgment was granted on the sole remaining count. Thereafter, judgment was entered, and the parties filed these cross-appeals.

Wrongful Death Claims

On appeal, plaintiffs contended that the trial justice erred in dismissing their wrongful-death claims on the grounds that the claims were barred by the statute of limitations. It is undisputed that plaintiffs brought their action for wrongful death against defendant more than four and one-half years after the deaths underlying their claims. Although G.L.1956 § 10-7-2 clearly provides that the statute of limitations in a wrongful-death action is three years, plaintiffs argued that the statute of limitations was tolled in this case. The plaintiffs have advanced two theories in support of their position.

First, plaintiffs contended that defendant's minority tolled the statute of limitations for wrongful death until three years after defendant reached the age of majority. The plaintiffs noted that, pursuant to G.L.1956 § 9-1-19, the statute of limitations on civil actions does not run during a plaintiff's minority, and argued that, as a matter of "equity, symmetry and basic fairness," the statute of limitations should also not run "against those who have causes of action against minors." Section 9-1-19 provides an exception to the statute of limitations for disabled, including minor, plaintiffs in civil actions. The rationale for tolling the statute of limitations for a minor plaintiff is to safeguard the minor's right to bring civil actions that accrue during his or her minority until he or she reaches the age of majority, at which time the individual may decide whether to pursue such claims. We are of the opinion that no such analogous purpose would be served by tolling the statute of limitations in respect to minor defendants.

Moreover, we have previously held that § 9-1-19 does not toll the statute of limitations in a wrongful-death action. Short v. Flynn, 118 R.I. 441, 446-48, 374 A.2d 787, 790 (1977). In Short, we stated that because a claim for wrongful death was unknown at common law, chapter 7 of title 10 of the Rhode Island General Laws, entitled "Death by Wrongful Act," created an entirely new right of action that "cannot now be maintained except to the extent and in the manner provided in that Act." Id. at 443, 374 A.2d at 788. Therefore, under our holding in Short, the tolling provisions of § 9-1-19 are not applicable to plaintiffs' claims under the wrongful-death act.

Second, plaintiffs asserted that their wrongful-death claims were tolled during defendant's minority, while he was a "wayward" and "delinquent" minor within the exclusive, original jurisdiction of the Family Court. The Family Court has exclusive, original jurisdiction in proceedings "[c]oncerning any child residing or being within the state who is: (i) Delinquent; (ii) Wayward; (iii) Dependent; (iv) Neglected; or (v) Mentally defective or disordered." G.L.1956 § 14-1-5. A minor who is adjudicated delinquent remains within the Family Court's jurisdiction until he or she reaches the age of twenty-one. Section 14-1-6. The intent of the Legislature in granting exclusive, original jurisdiction to the Family Court is "to preclude * * * attaching criminal responsibility to juvenile offenders for the doing of the criminal act and thereby to protect a child under the prescribed age by adjudging him [or her] a wayward or delinquent child rather than entering a judgment of conviction on the criminal complaint." State v. Cook, 99 R.I. 710, 712, 210 A.2d 577, 579 (1965). Clearly, the purpose of the legislative grant of exclusive jurisdiction to the Family Court is to protect a delinquent juvenile from the adult criminal justice system, and not to shield such a juvenile from civil liability.

The plaintiffs also argued that the Family Court's exclusive jurisdiction over defendant divested the Superior Court of jurisdiction to hear a civil claim against defendant during his minority. The plaintiffs' assertion regarding the Superior Court's lack of jurisdiction over a delinquent minor is undercut by legislation that recognizes the right of a crime victim to petition the Family Court to "divulge the name and address of the juvenile accused of committing the crime solely for the purpose of allowing the victim to commence a civil action against the juvenile and/or his parents to recover for damages sustained as a result of the crime." Section 14-1-66. This Court has held that "[t]he clear legislative intent behind § 14-1-66 is to allow victims to recover, via a civil action, damages suffered at the hands of a juvenile offender." Matter of Falstaff Brewing Corp., Re: Narragansett Brewery Fire, 637 A.2d 1047, 1050 (R.I.1994).

We are of the opinion, therefore, that plaintiffs were not precluded from filing a civil suit in Superior Court against defendant during his minority. Consequently, the trial justice properly dismissed plaintiffs' wrongful-death claims on the grounds that they were barred by the statute of limitations.

Claim for Unjust Enrichment

The plaintiffs next contended that the trial justice erred by dismissing their claim for unjust enrichment. This Court has held that "actions brought upon theories of unjust enrichment and quasi-contract are essentially the same." R & B Electric Co. v. Amco Construction Co., 471 A.2d 1351, 1355 (R.I.1984). Furthermore, it is well settled that

"in order to recover under quasi-contract for unjust enrichment, a plaintiff is required to prove three elements: (1) a benefit must be conferred upon the defendant by the plaintiff, (2) there must be appreciation by the defendant of such benefit, and (3) there must be an acceptance of such benefit in such circumstances that it would be inequitable for a defendant to retain the benefit without paying the value thereof." Anthony Corrado, Inc. v. Menard & Co. Building Contractors, 589 A.2d 1201, 1201-02 (R.I.1991) (citing R & B Electric Co., 471 A.2d at 1355-56).

In the case before us, plaintiffs have failed to allege facts to support a claim of unjust enrichment. The only purported benefits to defendant are profits that plaintiffs anticipate defendant might obtain by selling the rights to his story at some unspecified time in the future. Even if this Court were to accept these speculative profits as a benefit to defendant, we cannot say that such benefit was conferred upon defendant by plaintiffs. Therefore, we hold that the trial justice did not err in dismissing plaintiffs' claim for unjust enrichment.

Claim under the Slayer's Act

The plaintiffs next contended that the trial justice erred in dismissing their claim under the so-called Slayer's Act, G.L.1956 chapter 1.1 of title 33. The plaintiffs have urged this Court to "construe the broad scope of Rhode Island's Slayer's Act [as] indicative of a legislative intent that no criminal shall profit by his crime, under any circumstances." In support of their position, plaintiffs noted that § 33-1.1-15 provides that "[t]his chapter * * * shall be construed broadly in order to effect the policy of this state that no person shall be allowed to profit by his or her own wrong."

"Well-established canons of statutory construction delegate to this court the function and duty as final arbiter on questions of statutory construction." Falstaff Brewing Corp., 637 A.2d at 1049. In construing a statute, this Court "has the responsibility of effectuating the intent of the Legislature by examining a statute in its entirety and giving the words their plain and ordinary meaning." Id. Consequently, we are constrained to read § 33-1.1-15...