Phillips v. City Of Cranston

• Decision Date: 24 June 2010
• Docket Number: 2009-225-Appeal.,No. 2009-197-Appeal,2009-197-Appeal
• Parties: Constance FRAVALA a/k/a Constance Fravala Phillipsv.CITY OF CRANSTON, by and through its Director of Finance Jerome I. BARON.
• Court: Rhode Island Supreme Court

996 A.2d 696

Constance FRAVALA a/k/a Constance Fravala Phillipsv.CITY OF CRANSTON, by and through its Director of Finance Jerome I. BARON.

Nos. 2009-197-Appeal, 2009-225-Appeal.

Supreme Court of Rhode Island.

June 24, 2010.

COPYRIGHT MATERIAL OMITTED

Anthony S. Buglio, Esq., Warwick, for Plaintiff.

Timothy J. Robenhymer, Esq., Warwick, for Defendant.

Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, ROBINSON, and INDEGLIA, JJ.

OPINION

Chief Justice SUTTELL, for the Court.

The City of Cranston (the city) appeals from a Superior Court judgment declaring Constance Fravala (Constance) ¹ to be the common-law wife of Wilbur Phillips (Wilbur) at the time of his death on October 25, 2004, and Constance cross-appeals ² from the same judgment. These two cases came before the Supreme Court for oral argument pursuant to orders directing the parties to appear and show cause why the issues raised in these appeals should not summarily be decided. After examining the written and oral submissions of the parties, we conclude that these appeals may be resolved without further briefing or argument. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.

IFacts and Procedural History

Before Constance and Wilbur met each other, Constance was married to Donald Fravala (Donald), and Wilbur was married to Lillian Cantone (Lillian). Constance married Donald in 1957, and they had five children together. They were granted a divorce on June 17, 1968. Wilbur and Lillian were married in 1959 and had six children together. In 1967, Lillian was granted a divorce from “bed, board and future cohabitation” with Wilbur. It is uncontroverted, however, that this legal separation never was converted into a final decree of divorce from the bonds of marriage.

At some point after her separation from Wilbur, Lillian began cohabitating with Nicholas Barone (Nicholas). Lillian and Nicholas thereafter had two children together and cohabitated until her death on October 6, 1999.

For approximately thirty-five years, from 1969 until Wilbur's death in 2004, Constance and Wilbur cohabitated continuously in Rhode Island. They rented a home together in Cranston beginning in 1969, and, in 2000, they moved to Richmond. Constance's five children lived with them in Cranston beginning in 1969, when they were between the ages of approximately two and twelve years old, until they each reached the age of majority. Constance's grandson, Brandon, also lived with them from the time of his birth, in 1978, until the time of Wilbur's death. Wilbur was employed as a Cranston firefighter for approximately twenty years until he retired on August 2, 1985, and Constance worked for the city as a crossing guard for approximately twenty-four years.

Wilbur died on October 25, 2004. At the time of his death, Wilbur was duly collecting a pension from the city for his service as a firefighter. Upon Wilbur's death, Constance applied for a widow's pension, but the city denied her application. On April 7, 2006, Constance filed an action in Superior Court seeking a writ of mandamus and a mandatory injunction. She later filed a petition for declaratory relief, which the parties agreed to incorporate into her original complaint. Thereafter, the parties stipulated that Constance's request for a writ of mandamus and a mandatory injunction would be dismissed and the case would proceed solely on her request for declaratory judgment.

On March 9, 2009, before the jury-waived trial began, the city filed a motion in limine seeking to exclude evidence concerning the relationship between Constance and Wilbur prior to the death of Lillian on October 6, 1999. The city argued that such evidence should be excluded on the ground of relevancy under Rule 402 of the Rhode Island Rules of Evidence. The trial justice denied the motion, permitting Constance to present evidence at trial concerning her relationship with Wilbur before October 1999.

The trial took place on March 9 and 10, 2009. Constance was the first witness to testify at trial, and she testified at length about her relationship with Wilbur. She stated that she met Wilbur in the mid-1960s before her divorce from Donald and that she and Wilbur began cohabitating in 1969. She also testified that, around this time, Wilbur told her that he and Lillian were divorced.

Constance testified that during the thirty-five years she lived with Wilbur, neither of them dated other people; she also testified that they shared a bed and were intimate. She testified that they never lived separately for any length of time during those years. According to Constance, she and Wilbur also attended family functions, birthday parties, and weddings as a couple, and they went on vacations together at least once or twice a year.

Wilbur gave Constance two rings during their relationship, and Constance testified that one of the rings was given to her as an engagement ring around the time her youngest son was in high school, approximately sixteen years after they began cohabitating. She testified that after receiving the engagement ring she and Wilbur discussed getting married “just for a ceremony.” Constance further testified that she and Wilbur “talked sometimes [about a formal marriage ceremony] and just one thing led to another, different things happened, [and they] just never [had a formal ceremony].”

Constance also testified about their finances. She testified that she contributed to household expenses from the income she earned as a crossing guard and that, when they were living and working in Cranston, they pooled their income and shared the payment of utilities and rent. She testified that after they both retired in 2000, they divided the payment of their bills-Wilbur paid for rent and utilities, and Constance paid for such things as food, her medical bills, incidentals, and gas. She was unable to recall whether she had a checking account in her own name between 1972 and 2000, but bank statements were introduced into evidence indicating that they had joint bank accounts in September 2001 and March 2004. They never filed joint tax returns because, as Constance testified, she had not known whether common-law-married couples were permitted to do so. Furthermore, Wilbur named Constance as the beneficiary of his life insurance policy and listed Constance as his emergency contact on a Medicare enrollment form.

At trial, a membership application for a Blue Cross & Blue Shield of Rhode Island policy, signed by Wilbur and dated July 31, 2001, was admitted into evidence. The application indicated that Wilbur was married to Constance in 1988, although Constance testified that the date had no significance to her.

Constance testified that she never had her name legally changed, but that she signed her name “Constance Fravala Phillips” on “some things” and signed her name “Constance Fravala” on other documents, for example, those pertaining to her children (who bore the last name Fravala). She testified at trial that a lease dated August 1, 2000 for their home in Richmond was signed “Wilbur Phillips” and “Constance Fravala Phillips,” but that she used the surname “Fravala” on her credit union account, the bill for Wilbur's funeral expenses, and her driver's license.

Over the city's objection on the ground of hearsay, the trial justice permitted Constance to introduce photocopies of envelopes addressed to variations of “Mrs. Constance Phillips” and “Mr. and Mrs. Buddy Phillips.” Constance was also permitted, over the objection of the city, to admit an affidavit of Robert DelGiaguite, a retired firefighter for the city, whom Constance testified she knew for twenty or thirty years, but who was deceased at the time of trial. The affidavit attested that Wilbur and Constance “lived together as a married couple * * * until [Wilbur] passed away * * *.”

Constance testified that she provided the information to the newspaper for Wilbur's obituary and that she paid for his funeral expenses. The obituary stated that Wilbur was the husband of “Constance ‘Connie’ (Davidson) Fravala and the late Lillian (Cantone) Phillips.” Wilbur's death certificate, however, lists Lillian Cantone as his spouse. Constance testified that she was told that one of Wilbur's daughters changed the designated spouse from Constance to Lillian.

Brandon Fravala, Constance's grandson, also testified at trial. He testified that he lived most of his life with both Constance and Wilbur and that they had raised him. He said that Wilbur took him to work at the fire station, fishing, and to bowling tournaments. He testified that he called Wilbur “Pop,” “Gramps,” or “Dad,” that he introduced them to people as his grandparents, and that Wilbur referred to him as his grandson. He also testified that Constance and Wilbur shared a bed.

Constance's longtime friend, Cheryl Slavin, also testified at trial. She testified that Wilbur and Constance shared a bedroom and that their house had a “family atmosphere.” She testified that she introduced them as “Connie and Bud Phi[l]lips” or “Connie and Bud Fravala.” She also described Wilbur and Brandon as being “[v]ery, very close.”

Thomas Morrocco, a retired firefighter for the city, and his wife, Gale Morrocco, both testified at trial about their friendship with Wilbur and Constance. Mr. and Ms. Morrocco met Wilbur and Constance through the Cranston Fire Department in the late-1960s. Mr. Morrocco recalled that Wilbur and Constance had been a couple for the approximately thirty-four years he had known them and that they held themselves out as a couple. He also testified that he had no knowledge of Wilbur ever “being” with any other women. Ms. Morrocco indicated that they socialized as couples and that she considered Wilbur and Constance to be a family unit. They both testified that the four of them had gone on vacations together.

Edward Murray, a retired employee of the Cranston Fire Department, testified that he saw Wilbur and Constance at social events sponsored by the...