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

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award

Press Release
Aug 19, 2026
Fernando Rivera-Maissonet Elected as HNBA Region II Governor and Board of Governors Member

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims




