Kolc v. Maratta, No. 73-26-A
| Court | United States State Supreme Court of Rhode Island |
| Writing for the Court | JOSLIN; PAOLINO |
| Citation | 319 A.2d 14,113 R.I. 160 |
| Decision Date | 09 May 1974 |
| Docket Number | No. 73-26-A |
| Parties | Gladys KOLC and Kenneth Kolc, p.p.a. v. Marie MARATTA et al. ppeal. |
Page 14
v.
Marie MARATTA et al.
[113 R.I. 163] Gunning, LaFazia, Gnys & Selya, Inc., Raymond A. LaFazia, Edward P. Sowa, Jr., Providence, for plaintiffs.
Higgins, Cavanagh & Cooney, Joseph V. Cavanagh, John T. Walsh, Jr., Providence, for defendants.
[113 R.I. 161] JOSLIN, Justice.
Gladys Kolc, on behalf of her minor son Kenneth and on her own behalf, commenced this civil action in the Superior Court in May 1972 to recover for personal injuries and consequential damages sustained when Kenneth was struck by an automobile on November 6, 1964, as he was crossing Mineral Spring Avenue in North Providence. The defendants are Peter and Marie Maratta, the owner and operator, respectively, of the offending automobile, and Lydia C. (Lotito) Kneuttel, who was a crossing guard at the scene of the accident. The Marattas, but not Kneuttel, filed an answer raising several defenses. One defense was that a prior action was pending in the same court for the same cause of action. 1 Based upon that defense, the defendants moved for summary judgment and the trial justice, treating that motion as if it were for a dismissal, granted it. 2 The plaintiffs then appealed.
Page 15
After the appeal had been argued in this court, we examined the record in the case and then for the first time learned that Lydia C. (Lotito) Kneuttel, although named as a defendant, had not been served with process and that no appearance had been entered on her behalf. 3 That knowledge provoked our inquiry as to whether this case [113 R.I. 162] should be considered one involving 'multiple parties' within the contemplation of Super.R.Civ.P. 54(b). If so, the judgment dismissing the action against the Marattas would not have adjudicated the rights and liabilities of all the parties and would not, therefore, be ripe for appeal except upon an express determination by the trial justice that there was no just reason for delay, and upon an express direction for the entry of judgment. Menzies v. Sigma Pi Alumni Ass'n, 110 R.I. 488, 294 A.2d 193 (1972); Goodyear Loan Co. v. Little, 107 R.I. 629, 269 A.2d 542 (1970); Calore Rigging Corp. v. Sterling Engineering & Constr. Co., 105 R.I. 150, 250 A.2d 365 (1969). The requisite determination and direction were not made in this case.
The question thus raised is one of first impression in this state. When we looked...
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Summit Ins. Co. v. Stricklett, No. 2017-185-Appeal.
...injuries were severe and the policy limits are small in comparison. Moreover, the Alveses cited to our opinion in Kolc v. Maratta, 113 R.I. 160, 319 A.2d 14 (1974), as well as G.L. 1956 § 31-14-3(a) and G.L. 1956 § 31-18-8, arguing that, because there exists a duty to anticipate that minors......
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Simmons v. State, No. 76-208-A
...directed that judgment may enter. Tessier v. Ann & Hope Factory Outlet, Inc., 113 R.I. 921, 320 A.2d 616 (1974); Kolc v. Maratta, 113 R.I. 160, 162, 319 A.2d 14, 15 (1974); Menzies v. Sigma Pi Alumni Ass'n, 110 R.I. 488, 490, 294 A.2d 193, 195 (1972). Neither that certification nor that dir......
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Harris v. Mernin, No. 76-1-A
...the defendant, Bernadette Mernin, to dismiss the plaintiff's appeal is granted because the case is not ripe for appeal. Kolc v. Maratta, 113 R.I. 160, 319 A.2d 14 (1974); Menzies v. Sigma Pi Alumni Ass'n, 110 R.I. 488, 294 A.2d 193 (1972); Goodyear Loan Co. v. Little, 107 R.I. 629, 269 A.2d......
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Ucci v. Mancini, No. 73-77-A
...the litigation involved multiple claims and there has been no compliance with the provisions of Super.R.Civ.P. 54(b). See Kolc v. Maratta, 113 R.I. 160, 319 A.2d 14 (1974); Menzies v. Sigma Pi Alumni Ass'n, 110 R.I. 488, 294 A.2d 193 Accordingly, the case is remanded for the entry of a prop......
-
Summit Ins. Co. v. Stricklett, No. 2017-185-Appeal.
...injuries were severe and the policy limits are small in comparison. Moreover, the Alveses cited to our opinion in Kolc v. Maratta, 113 R.I. 160, 319 A.2d 14 (1974), as well as G.L. 1956 § 31-14-3(a) and G.L. 1956 § 31-18-8, arguing that, because there exists a duty to anticipate that minors......
-
Simmons v. State, No. 76-208-A
...directed that judgment may enter. Tessier v. Ann & Hope Factory Outlet, Inc., 113 R.I. 921, 320 A.2d 616 (1974); Kolc v. Maratta, 113 R.I. 160, 162, 319 A.2d 14, 15 (1974); Menzies v. Sigma Pi Alumni Ass'n, 110 R.I. 488, 490, 294 A.2d 193, 195 (1972). Neither that certification nor that dir......
-
Harris v. Mernin, No. 76-1-A
...the defendant, Bernadette Mernin, to dismiss the plaintiff's appeal is granted because the case is not ripe for appeal. Kolc v. Maratta, 113 R.I. 160, 319 A.2d 14 (1974); Menzies v. Sigma Pi Alumni Ass'n, 110 R.I. 488, 294 A.2d 193 (1972); Goodyear Loan Co. v. Little, 107 R.I. 629, 269 A.2d......
-
Ucci v. Mancini, No. 73-77-A
...the litigation involved multiple claims and there has been no compliance with the provisions of Super.R.Civ.P. 54(b). See Kolc v. Maratta, 113 R.I. 160, 319 A.2d 14 (1974); Menzies v. Sigma Pi Alumni Ass'n, 110 R.I. 488, 294 A.2d 193 Accordingly, the case is remanded for the entry of a prop......