Mendes v. Johnson, 389 A.2d 781 (1978)

Citation: Mendes v. Johnson, 389 A.2d 781 (1978)
Parent Document: Mendes v. Johnson, 389 A.2d 781 (1978)
Jurisdiction: DC (municipal)
Effective Date: 1978-06-13
Original Source: https://www.courtlistener.com/opinion/2073911/mendes-v-johnson/ ↗

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A further aspect of the factor of reliance on past law which figures largely in courts’ examination of the retroactivity issue is the degree of hardship that the parties before the court, and others in general, may sustain as a result of retroactive application. This is especially true where such application of a new rule may have a significant adverse effect on a sovereign’s potential financial liabilities. See, e. g., Smith v. State, supra (applying new rule abolishing tort immunity of state proprietary activities to parties at bar, but otherwise prospectively). Accord, Carroll v. Kittle, 203 Kan. 841, 457 P.2d 21 (1969); Molitor v. Kaneland Community Unit District No. 302, 18 Ill.2d 11, 163 N.E.2d 89 (1959) (applying new rule abolishing school district tort immunity to parties at bar and otherwise prospectively).

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