Rich v. Rich, 10300

• Court: Rhode Island Supreme Court
• Writing for the Court: ROBERTS
• Citation: Rich v. Rich, 179 A.2d 498, 94 R.I. 220 (R.I. 1962)
• Decision Date: 04 April 1962
• Docket Number: No. 10300,10300
• Parties: Anna RICH v. Harold RICH. Ex.

Page 498

179 A.2d 498

94 R.I. 220

Anna RICH v. Harold RICH.

Ex. No. 10300.

Supreme Court of Rhode Island.

April 4, 1962.

Jacob J. Alprin, John A. Mutter, Providence, for plaintiff.

Francis V. Reynolds, Richard P. McMahon, Providence, for defendant.

ROBERTS, Justice.

This action of trespass on the case for negligence was brought to recover damages for personal injury alleged to have been sustained by the plaintiff when an automobile in which she was riding, owned and operated by her son, was in collision with another automobile. The plaintiff sued both her son and the operator of the second car, and the cases were consolidated and tried to a jury in the superior court. In each case the jury returned a verdict for the defendant. Thereafter the trial justice granted the plaintiff's motion in each case for a new trial, to which decision the defendant in the instant case has prosecuted his exception to this court.

It is not disputed that shortly after noon on February 14, 1956 plaintiff was a passenger in an automobile owned by her son, hereinafter referred to as the defendant, in which he was backing out of his driveway at their home into the highway. According to defendant's testimony, as he started to back out of his driveway, he observed the other vehicle involved in the collision, being operated by Louis Swartz, Jr., also backing out of a driveway across the street. The defendant's testimony is not clear as to whether he had stopped his car or was still backing up very slowly when the collision occurred. However, he seems to be definite that Swartz's car continued across the street and struck his car when the rear bumper of his car was approximately at a point where the Rich property line abuts the street. The defendant further stated that after the collision he permitted his car to roll down the incline part of the driveway and come to a stop with its rear wheels in the gutter.

The testimony of Swartz concerning the collision is in conflict with that of defendant. He testified that when he started to back out of his driveway, he observed defendant's car standing in defendant's driveway and that he then continued to back out of his driveway into the street at a rate of five miles an hour. He testified that when the rear end of his car was about three quarters of the way across the street, it struck defendant's car, the latter car also being in motion with its bumper projecting about three feet into the street.

The cases were consolidated by the trial court, which has inherent power to use its discretion in this matter. Such procedure is permitted in this state to avoid unnecessary delay and expense in the administration of justice. Giguere v. Yellow Cab Co., 59 R.I. 248, 195 A. 214. However, the causes of action in each case remain distinct throughout the trial with every legal right preserved to the respective parties as fully as if the cases were to be tried separately. Giguere v. Yellow Cab Co., supra. Accordingly, it was the trial justice's duty to exercise his power independently when his superior and more comprehensive judgment indicated to him that the verdicts of the jury failed to administer substantial justice to the parties in the cases and when it appeared that the jury had from any cause failed to respond directly to the real merits of the controversy. Wilcox v. Rhode Island Co., 29 R.I. 292, 70 A. 913.

In the circumstances here, however, it was the duty of the trial justice in an exercise of his independent judgment to pass upon the weight of the evidence and the credibility of the witnesses with respect to the verdict in each case and to determine therefrom whether either verdict was contrary to the evidence and the weight thereof. It appears from the decision, however, that the trial justice did not pass upon the weight of the evidence and the effect thereof on the validity of each verdict separately but,...