D'Amario v. Butler Hosp.

• Decision Date: 10 December 1990
• Docket Number: No. 90-1431,90-1431
• Citation: 921 F.2d 8
• Parties: Arthur D'AMARIO, III, Plaintiff, Appellant, v. BUTLER HOSPITAL, et al., Defendants, Appellees.
• Court: U.S. Court of Appeals — First Circuit

Page 8

921 F.2d 8

Arthur D'AMARIO, III, Plaintiff, Appellant, v. BUTLER HOSPITAL, et al., Defendants, Appellees.

No. 90-1431.

United States Court of Appeals, First Circuit.

Submitted Aug. 30, 1990.

Decided Dec. 10, 1990.

Arthur D'Amario, III, on brief, pro se.

Alan R. Tate and Tate & Elias, Providence, R.I., on brief for defendant, appellee Eliot Barron.

M.D. and Ruth Di Meglio and Carroll, Kelly & Murphy, Providence, R.I., on brief for defendant, appellee Butler Hosp.

Before CAMPBELL, TORRUELLA and CYR, Circuit Judges.

PER CURIAM.

Pro se plaintiff-appellant Arthur D'Amario brought a tort suit in the Rhode Island Superior Court against defendants-appellees Butler Hospital and Eliot Barron, M.D. On November 9, 1987, the day the case was expected to be called for trial, D'Amario's then-counsel, John Hines, asked defense counsel to make an offer of settlement, which defense counsel declined to do. Defendants assert on appeal, without contradiction by D'Amario, that whereas defendants had trial experts available and ready to testify, D'Amario had failed to identify a single trial expert. According to defendants, this virtually would have guaranteed a directed verdict for defendants under Rhode Island rules of discovery. Finding no interest in settlement, Hines then told defense counsel that his client had authorized him to drop the case. All counsel signed a November 9, 1987 judgment stipulation providing that judgment would enter for defendants and that D'Amario would waive all rights of appeal. After Hines represented that D'Amario had authorized him to drop the case, Rhode Island Superior Court Justice Israel signed the judgment stipulation.

On November 25, 1987, D'Amario filed a pro se motion to void the settlement in the Superior Court. At a December 2, 1987 hearing before Justice Israel, D'Amario argued that Hines had entered into the judgment stipulation without his knowledge or consent. Defense counsel argued that they reasonably relied on Hines' representation that D'Amario had authorized him to drop the case. Justice Israel denied the motion. The Rhode Island Supreme Court denied certiorari and dismissed D'Amario's appeal on July 19, 1988.

Subsequently, on October 12, 1988, D'Amario filed a pro se motion for relief from judgment in the Superior Court. At a hearing, D'Amario again argued that Hines had maliciously agreed to the judgment stipulation without D'Amario's knowledge or consent. D'Amario acknowledged that he was not aware of any fraud, misconduct, or impropriety on the part of defense counsel. Justice Israel denied the motion, finding that "[i]t seems quite obvious to me by now that judgment in this case was entered without your personal consent," but that "[i]t would be unjust to these Defendants for me to vacate a judgment that they entered into in good faith in reliance on your attorney who not only had the apparent authority to enter into that judgment, but who, in view of the then posture of the facts of the case, was facing an almost certain direction of a verdict against you on the underlying case." ¹

On January 8, 1988, D'Amario filed a tort suit in the District of Rhode Island. D'Amario acknowledges that this suit named the same two defendants and raised the same causes of action as his state court suit. Upon defendants' filing of motions to dismiss on grounds of res judicata, the district court dismissed the complaint. D'Amario appeals. We affirm.

The res judicata effect of the Rhode Island consent judgment is governed by Rhode Island law. Arrieta-Gimenez v. Arrieta-Negron, 859 F.2d 1033, 1040 (1st Cir.1988). Under Rhode Island law there are three prerequisites to the application of res judicata: "1) [W]hether the first and second actions involve the same parties, or their privies; 2) whether the first and second actions comprise the same cause of action; and 3) whether a court of competent jurisdiction has entered a final judgment on the merits of the cause of action." Schiavulli v. Aubin, 504 F.Supp. 483, 486 (D.R.I.1980). D'Amario concedes that the first two requirements are met here. As to the third, it is well settled under Rhode Island law "that a consent agreement between the parties has the full force and effect of a decree and is res judicata." C.D. Burnes Co. v. Guilbault, 559 A.2d 637, 640 (R.I.1989); Belanger v. Weaving Corp. of America, 120 R.I. 348, 387 A.2d 692 (1978); Air-Lite Products, Inc. v. Gilbane Building Co., 115 R.I. 410, 423-25, 347 A.2d 623, 630-31 (1975). See also Arrieta-Gimenez, supra, 859 F.2d at 1041; Nash County Board of Education v. Biltmore Co., 640 F.2d 484, 487 (4th Cir.), cert. denied, 454 U.S. 878, 102 S.Ct. 359, 70 L.Ed.2d 188 (1981). Accordingly, the Rhode Island consent judgment constitutes "a final judgment on the merits of the cause of action," Schiavulli, supra, 504 F.Supp. at 486, for res judicata purposes. The cases D'Amario relies on to the contrary, none of which are Rhode Island Supreme Court decisions in any event, are all inapposite or distinguishable for the reasons stated in defendants' brief, or because they involve issue preclusion rather than claim preclusion, or for some other reason.

D'Amario contends that res judicata should not apply in this case because he did not consent to the consent judgment and was denied a full and fair opportunity for an adjudication on the merits. However, Rhode Island law is clear that an "attorney is authorized to take such steps in representing his client as he may deem legal, proper and necessary, and his acts in that respect, in the absence of fraud, must be regarded as the acts of his client." Cohen v. Goldman, 85 R.I. 434, 438, 132 A.2d 414, 416 (1957); McLyman v. Miller, 52 R.I. 374, 375, 161 A. 111, 112 (1932). See also Parrilla-Lopez v. United States, 841 F.2d 16, 20 (1st Cir.1988); Damiani v. Rhode Island Hospital, 704 F.2d 12, 16-17 (1st Cir.1983). In Cohen the Rhode Island Supreme Court refused to set aside a settlement stipulation allegedly agreed to by counsel...