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
Nov 13, 2026
Hinshaw Advises Client Safe Harbor Capital Partners in $44 Million Financing

In The News
Nov 12, 2026
Spencer Kook Authors Article Providing a Claims Manager’s Guide to Class Action Exposure

In The News
Nov 12, 2026
Mitch Chargo Discusses Cannabis M&A Implications in a Post-Rescheduling Landscape

Webinar
Nov 12, 2026
Michael Adams Presents on Navigating Ethics in the Digital Age

Event
Nov 12, 2026
Cathy Mulrow-Peattie Discusses AI and Supply Chain Cybersecurity

Healthcare Alert
Nov 11, 2026
Illinois Enacts 340B Contract Pharmacy Protections: 7 Steps Covered Entities Should Take

In The News
Nov 10, 2026
Brian Turetsky Examines How NYC’s Proposed POWER Act Could Expand Private UDAAP Claims

In The News
Nov 9, 2026
Kate Schnake Examines Unlawful Discrimination vs. Legitimate Advocacy in Jury Selection

Press Release
Nov 6, 2026
Hinshaw Recognized by the LCLD as a 2026 Compass Award Winner and Top Performer

Consumer Crossroads: Where Financial Services and Litigation Intersect
Nov 5, 2026
FDIC Proposes State Bank Preemption Parity Rule Regarding Host State Laws



