In Unusual Ruling, Rhode Island Supreme Court Excuses Statute of Limitations Violation Because of COVID-Related Issues
Lawyers for the Profession® Alert | 1 min read
Apr 5, 2022
Rosa v. Wakefern Food Corp., 2022 R.I. LEXIS 25
Brief Summary
The Rhode Island Supreme Court held that it would excuse a statute of limitations violation because of the unique circumstances posed by the COVID-19 pandemic.
Complete Summary
The plaintiff appealed an April 2, 2021 judgment of the Kent County Superior Court which had dismissed her personal injury suit on statute of limitations grounds. Counsel for the plaintiff argued that as a result of the COVID-19 pandemic, he encountered a series of logistical and computer-related issues that caused him to electronically file the complaint a few days after the limitations deadline expired.
The court accepted the plaintiff’s argument and vacated the judgment of the Superior Court. In so ruling, the court stated it did not base its decision on "abuse of discretion" or "excusable neglect" grounds, but rather "solely on our appreciation of the uniqueness of the particular attendant circumstances relative to this case that transpired in the midst of an unprecedented public health crisis."
Significance of Decision
This exceptional case highlights one court’s willingness to forgive a statute of limitations violation given the unique circumstances of the COVID pandemic. However, most courts that have addressed late filing issues have not accepted COVID-related problems as an excuse.
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 13, 2026
DOJ Settlement with Car Retailer Highlights SCRA Repossession Risks

Privacy, Cyber & AI Decoded Alert
Mar 11, 2026
Compliance Considerations for GDPR Consent in Biotech Clinical Research

Press Release
Mar 4, 2026
Marcia Mueller Named the 2026 Mentorship Award Winner by YWCA Northwestern Illinois

Press Release
Mar 3, 2026
Hinshaw Announces New Administrative Leadership Appointments

In The News
Feb 27, 2026
Hinshaw Partners Examine Implications for Nursing Homes of New Illinois Aid-in-Dying Law

In The News
Feb 24, 2026
Lucy Wang Authors Law360 “Expert Analysis” on Why Attorney Civility Means More in 2026

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

![[Video] New Regulatory Priorities Under Mayor Mamdani’s NYC Department of Consumer and Worker Protection](/a/web/oHiTWa7kRy3Ht1brq6k4BT/bkMx39/new-york-city-skyline.jpg)
