Martino v. Leary

• Court: Rhode Island Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: Martino v. Leary, 739 A.2d 1181 (R.I. 1999)
• Decision Date: 21 October 1999
• Docket Number: No. 98-172-Appeal.,98-172-Appeal.
• Parties: Robert MARTINO v. Patrick LEARY et al.

739 A.2d 1181

Robert MARTINO v. Patrick LEARY et al.

No. 98-172-Appeal.

Supreme Court of Rhode Island.

October 21, 1999.

Present WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.

Anthony T. Jackvony, Providence, for Plaintiff.

Paul A. Anderson, Michael G. Sarli, Peter A. Clarkin, Dennis D. Bossian, Providence, for Defendant.

OPINION

PER CURIAM.

This case came before the Supreme Court for oral argument on October 4, 1999, pursuant to an order directing the plaintiff, Robert Martino, to show cause why the issues raised by this appeal should not be summarily decided. The plaintiff timely appealed from the entry of a Superior Court judgment as a matter of law in favor of the defendants Patrick Leary (Leary), P.A.G., Inc., d.b.a. Domino's Pizza, and Domino's Pizza, Inc., (Domino's) and the defendants Joseph A. Zuffolatti (Zuffolatti), and Sears, Roebuck & Co. (Sears). After hearing the arguments of counsel and reviewing the memoranda submitted by the parties, we are of the opinion that cause has not been shown and proceed to decide the case at this time, without further briefing or argument.

On the evening of December 6, 1989, plaintiff was driving an automobile on Charles Street in Providence, Rhode Island, when he was struck by a car driven by Leary. Rain was falling, and according to the parties, the streets were wet. At the time of the accident, Leary, a driver for Domino's, had just delivered a pizza and was driving down hill on Raphael Street, which is perpendicular to Charles Street. As Leary approached the intersection at Charles Street, he applied his brakes and his car skidded forward into the car driven by plaintiff. Upon impact, plaintiff's car spun 180 degrees. After the accident, plaintiff was treated at the emergency room of the Miriam Hospital for complaints of pain in his back and neck.

On December 18, 1989, twelve days later, plaintiff was slowing to a stop on Silver Spring Street in Providence when his car was hit in the rear by a truck driven by Zuffolatti and owned by defendant Sears. The impact pushed plaintiff's vehicle six feet forward. The plaintiff returned to the emergency room at the Miriam Hospital with complaints of pain in his back and neck, but he conceded that the pain from the earlier accident had not subsided.

The trial justice found that the evidence presented by plaintiff, taken in a light favorable to him, could not support, as a matter of law, a finding that Leary was negligent in the December 6, 1989 accident. Additionally, the trial justice found that plaintiff's expert medical testimony was insufficient, as a matter of law, to establish that plaintiff's alleged back and neck injuries were causally related to the December 18, 1989 accident. Therefore, she entered judgment as a matter of law in favor of all defendants.

In deciding a motion for judgment as a matter of law pursuant to Rule...