Justia Rhode Island Supreme Court Opinion Summaries

One evening, Shawn McKiernan drove by Kevin Hough several times in an automobile owned by Rita Bower and taunted Hough as he drove past. McKiernan subsequently exited the insured vehicle and punched Hough, who was knocked to the pavement. Hough suffered a serious head injury as a result of the assault and battery. Hough filed a negligence complaint against Bower as the vehicle owner, alleging liability under the provisions of R.I. Gen. Laws 31-33-6, which imputes vicarious liability upon the owner of a vehicle for its consensual use or operation. Due to the subsequent death of Bower, Quincy Mutual Fire Insurance Company, the insurer of the vehicle, was substituted as a party defendant. The trial justice granted judgment as a matter of law in favor of Quincy. The Supreme Court affirmed, holding that Plaintiff failed to establish the causal relationship between the use of the vehicle and the injuries sustained by Plaintiff required to impute liability under section 31-33-6. View "Hough v. McKiernan" on Justia Law

Plaintiff was a patron at a bar on Defendant’s premises when he was involved in a fight first inside Defendant’s premises and then in Defendant’s parking lot. Plaintiff sustained serious injuries. Plaintiff subsequently filed a negligence complaint against Defendant. After a trial, the jury returned a verdict finding both parties negligent, attributing twenty percent of the negligence to Plaintiff, and awarding a total of $543,433 to Plaintiff. Defendant filed a motion for a new trial and/or remittitur, which the trial justice denied. The Supreme Court affirmed, holding that the trial justice did not overlook or misconceive material evidence in denying Defendant’s motion for a new trial and alternative motion for a remittitur. View "Bitgood v. Gordon Greene Post Number 27 of the Am. Legion" on Justia Law

Plaintiff fell while walking on the sidewalk outside Provide Place Mall. Plaintiff filed a negligence complaint against the City of Providence, as well as Old Navy, LLC and Joe’s American Bar and Grill, which leased the individual space on the ground floor in close proximity to the fall. A hearing justice granted summary judgment for Joe’s and Old Navy on the ground that the occupant of land may not be held liable for injuries sustained by pedestrians walking on the sidewalk located in front of the occupants’ businesses. The Supreme Court affirmed, holding that there was no basis to conclude that Defendants could have caused the defect in the sidewalk that caused Plaintiff’s fall, and Plaintiff’s claim that genuine issues of material fact existed as to control, use, and possession failed. View "Maguire v. City of Providence" on Justia Law

R. Suzanne Smith hired Michael Ead to construct an addition onto her home. After receiving notice that the construction was in violation of the local zoning ordinance, Smith ceased construction and decided to sell the property. Raymond Wells and his wife offered to purchase the property on the condition that they remove the addition. Wells enlisted Plaintiff to help demolish the newly constructed addition. While working at the site, Plaintiff fell from the roof and was injured. Plaintiff sued Smith and Ead (together, Defendants), alleging negligence, among other claims. The trial justice granted summary judgment for Defendants. The Supreme Court affirmed, holding that the trial justice did not err in granting summary judgment as to (1) Plaintiff’s claim of negligent hiring against Smith, as Smith had no duty to ensure that what Ead built would be safe for a demolition; and (2) Plaintiff’s claims of negligent design, construction, and inspection against Ead, as Ead did not have a legal duty to make the roof safe for dismantling. View "Wells v. Smith" on Justia Law

Plaintiff was seriously injured in a collision while he was a passenger in a motor vehicle owned by the insureds of Defendant. Defendant obtained a judgment for money damages but subsequently settled with the insureds in exchange for an assignment of claims the insureds had against Defendant. Plaintiff then filed this action seeking a declaratory judgment requiring Defendant to pay the entire judgment from the underlying tort action (count one) and a declaration that Defendant was liable for prejudgment interest on the judgment in the underlying tort action (count two). A superior court justice granted summary judgment for Plaintiff on counts one and two. The Supreme Court vacated the judgment in count one and remanded for a new trial and affirmed the judgment in count two. On remand, Plaintiff sought a calculation of prejudgment interest. The superior court granted the motion, determining that Defendant’s argument with respect to the judgment satisfied order had been waived in regards to count two. The court subsequently ordered Defendant to make payment to Plaintiff. Defendant appealed from that order. The Supreme Court affirmed, holding that Defendant waived its arguments with respect to the judgment satisfied order and that the superior court had subject matter jurisdiction over the dispute throughout the litigation. View "DeMarco v. Travelers Ins. Co." on Justia Law

Simcha Berman fell and was severely injured while descending a path that abuts the paved portion of The Cliff Walk, a major Newport tourist attraction that runs along Newport’s shoreline. Berman and his then-wife (together, Plaintiffs) sued the State and other defendants not related to this appeal. The jury found that the State was not negligent in inspecting, maintaining, and repairing the location where Berman fell. The Supreme Court affirmed, holding (1) judgment was correctly entered for the state; and (2) the trial court did not err in refusing to grant Plaintiffs’ motions for judgment as a matter of law, a new trial, and to vacate the judgment. View "Berman v. Sitrin" on Justia Law

Following Defendant's assault on Plaintiff, Plaintiff sued Defendant for negligence, assault, and battery. After deliberation, the jury returned a verdict awarding Plaintiff $1.75 million in damages plus interest. The superior court granted Defendant’s motion for a remittitur and awarded Plaintiff damages of $925,000. Defendant appealed, arguing that, despite the remittitur, the final ruling rendered in favor of Plaintiff was excessive and punitive in nature. The Supreme Court affirmed the judgment of the superior court, holding that the trial justice did not misconceive or overlook material evidence and acted properly in granting Defendant’s motion and reducing the damages to $925,000. View "Hough v. McKiernan" on Justia Law

Quest Diagnostics, LLC was an independent contractor for Brown University under an agreement that obligated both parties to name the other party as an additional insured under their general liability policies. In 2006, Pauline Hall, a student at Brown University, sought treatment at the university’s health services clinic. A rapid strep test, to be performed by Quest, was ordered. The test, however, was not performed promptly, and the results were not returned to the health clinic. Hall was subsequently diagnosed with toxic shock syndrome, which resulted in permanent injuries. Hall filed suit against Brown and Quest, and Brown filed a cross-claim against Quest. Hall settled her claims with Brown and its insurers, Pinnacle Consortium of Higher Education and Genesis Insurance Company, but the cross-claim was not resolved. Quest subsequently sought a declaratory judgment that it was entitled to a defense from Pinnacle and indemnification from Pinnacle and Genesis. The superior court granted summary judgment in favor of Pinnacle and Genesis. The Supreme Court affirmed, holding that, under the facts of this case, Quest was not entitled to defense and indemnification from either insurer. View "Quest Diagnostics, LLC v. Pinnacle Consortium of Higher Educ." on Justia Law

Plaintiffs, Nicholas Long and Julianne Ricci, purchased Dell computers in late 2000. In 2003, Plaintiffs filed this putative class action lawsuit alleging that Dell violated the Deceptive Trade Practices Act (DPTA) and was negligent in charging Plaintiffs sales tax on nontaxable services purchased in conjunction with the computers. The superior court granted summary judgment in favor of Dell. The case remained pending for more than ten years. Here, the Supreme Court (1) affirmed the grant of summary judgment on the negligence count and on the request for injunctive relief by Long; (2) vacated the grant of summary judgment on the DTPA count by Ricci; and (3) affirmed the superior court’s grant of Plaintiffs’ motion to strike the tax administrator’s affirmative defenses. Remanded. View "Long v. Dell, Inc." on Justia Law

At the college graduation party of Defendants’ son, a guest brought his all-terrain vehicle (ATV) to the party. Plaintiffs’ daughter, Ashley, requested a ride and voluntarily mounted the ATV. The guest crashed the ATV outside the Defendants’ premises. Ashley suffered traumatic brain injuries and died nine days later. Plaintiffs filed an action against Defendants, alleging negligence and wrongful death. The superior court entered judgment in favor of Defendants, concluding that Defendants did not owe a duty of care to Ashley. The Supreme Court affirmed, holding that Defendants did not owe a duty of care to Ashley under the facts of this case. View "Phelps v. Hebert" on Justia Law