Simeone v. Charron

Decision Date01 December 2000
Docket NumberNo. 99-173-M.P.,99-173-M.P.
Citation762 A.2d 442
PartiesGiulia SIMEONE, in her capacity as Administratrix of the Estate of Maria G. Simeone et al. v. Craig S. CHARRON.
CourtRhode Island Supreme Court

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

Lauren E. Jones, Frank Caprio, Anthony Caprio, Providence, for Plaintiff.

Sean R. Levin, Warwick, for Defendant.

OPINION

LEDERBERG, Justice.

Can punitive damages be recovered under Rhode Island's wrongful death statute? We confront this issue in the case before us in which the respondent, Craig S. Charron, refused to provide responsive answers to interrogatories propounded by the petitioner, Giulia Simeone. A Superior Court justice ruled that punitive damages are not recoverable and denied the petitioner's motion to compel responsive answers. The petitioner sought certiorari, and we issued the writ. It is our opinion that punitive damages are not recoverable in a wrongful death action under Rhode Island law, but we hold that the petitioner's interrogatories here seek relevant information on the issues of pain and suffering and willfulness or wanton recklessness. Therefore, we deny the petition for certiorari in part and grant it in part.

Facts and Procedural History

Maria G. Simeone was killed on Fruit Hill Avenue, North Providence, Rhode Island, when the car she was driving was struck by a car operated by respondent. The petitioner, the administratrix of thedecedent's estate, brought a wrongful death suit under Rhode Island's Death by Wrongful Act statute, G.L.1956 chapter 7 of title 10 (the act), alleging that respondent "willfully, recklessly or negligently caused" the collision. The petitioner sought pecuniary damages pursuant to § 10-7-1.1, medical expenses pursuant to § 10-7-5, and an award for conscious pain and suffering pursuant to § 10-7-7. In addition, petitioner sought punitive damages in the amount of $10 million.

The respondent admitted in his amended answer that he was negligent and was legally responsible for Maria Simeone's death, but he denied acting willfully or recklessly, or that his actions conferred to petitioner the right to claim punitive damages.

During the course of discovery, petitioner propounded interrogatories to respondent, seeking details about the collision, the manner in which respondent was driving before the collision, the weather and road conditions at the time of the collision, conversations respondent might have had with others about the collision, whether respondent had consumed alcohol or drugs within twenty-four hours of the collision, his driving record and criminal history, and information about any expert and non-expert witnesses that respondent intended to call to testify. The interrogatories also sought respondent's knowledge of any witnesses to the collision. The respondent objected to most of the interrogatories, stating that because he had admitted liability, the questions were "not relevant to the subject matter of this action." He also asserted that he "would invoke his privilege against self-incrimination as protected by the Fifth Amendment to the Constitution of the United States of America."

In July 1998, after hearing petitioner's motion to compel more responsive answers and respondent's motions to dismiss under Rule 12(b)(6) of the Superior Court Rules of Civil Procedure, or in the alternative, to strike petitioner's punitive damages claim, the trial justice denied the motion to compel more responsive answers and granted the motion to strike the punitive damages claim. Infinding that a wrongful death action derogated the common law, the justice strictly construed the act to bar punitive damages; she also found that the interrogatories sought irrelevant information not reasonably calculated to lead to admissible evidence.

In response to the administratrix's petition, we issued a writ of certiorari and directed the parties to brief:

"the propriety, based upon [respondent's] admission of liability, of the hearing justice's denial of [petitioner's] motion to compel more responsive answers to interrogatories insofar as those interrogatories relate to compensatory damages."

Standard of Review

This Court limits its review on certiorari to examining the record to determine whether an error of law has been committed. City of Providence v. S & J 351, Inc., 693 A.2d 665, 667 (R.I.1997) (per curiam). We do not weigh the evidence presented, but rather we inspect the record to determine whether any legally competent evidence exists therein to support the findings made by the trial justice. Id. (citing Matter of Falstaff Brewing Corp. Re: Narragansett Brewery Fire, 637 A.2d 1047, 1049 (R.I.1994)).

The propriety of the hearing justice's granting respondent's motion to strike the punitive damages claim presents a question of law. Such findings on questions of law are reviewed de novo by this Court. See, e.g., Nonnenmacher v. City of Warwick, 722 A.2d 1199, 1202 (R.I.1999)

(the existence of a contract is a question of law reviewed de novo by the Court); Levine v. Bess Eaton Donut Flour Co., 705 A.2d 980, 982 (R.I.1998) (statutory interpretation is a question of law that the Court reviews de novo). On the other hand, a trial justice has broad discretion in granting or denying discovery, such as petitioner's motion to compel more responsive answers. Colvin v. Lekas, 731 A.2d 718, 720 (R.I.1999). This Court will not disturb such decisions relating to discovery save for an abuse of that discretion. Id.

Punitive Damages

Whether punitive damages can be recovered in a Rhode Island wrongful death action is a question of law. In construing the wrongful death statute, this Court has the duty to "`ascertain the intention behind its enactment and to effectuate that intent.'" Direct Action for Rights and Equality v. Gannon, 713 A.2d 218, 224 (R.I.1998). In our opinion, the Legislature intended to preclude the recovery of punitive damages in a wrongful death action. This intent is made evident by examining the history of the act and the amendments thereto, the case law relating to damages recoverable under the act, and a comparison of the Rhode Island act with wrongful death statutes in other states.

If the act derogated the common law, — an issue the parties disputed — it must be strictly construed. See Providence Journal Co. v. Rodgers, 711 A.2d 1131, 1134 (R.I.1998)

(legislation that is in derogation of common law is subject to strict construction). In fact, this Court has held on numerous occasions that the act is in derogation of the common law and we have therefore construed the act strictly. Short v. Flynn, 118 R.I. 441, 443, 374 A.2d 787, 788 (1977); McFadden v. Rankin, 46 R.I. 475, 476, 129 A. 267, 268 (1925); Carrigan v. Cole, 35 R.I. 162, 165, 85 A. 934, 935 (1913). The petitioner has asked that we follow the precedent of the United States Supreme Court, which allowed punitive damages in a maritime wrongful death action, Moragne v. States Marine Lines, Inc., 398 U.S. 375, 90 S.Ct. 1772, 26 L.Ed.2d 339 (1970). The decisions of the United States Supreme Court, however, have no precedential effect on this issue that must be decided on the basis of state law, notwithstanding interpretations that have construed that Court as having accepted the principlethat Lord Ellenborough was wrong in commenting that there was no wrongful death action at common law.1

The first sentence of the Rhode Island act, § 10-7-1, granting the right to maintain a wrongful death action, provides that:

"Whenever the death of a person shall be caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who, or the corporation which, would have been liable if death had not ensued shall be liable to an action for damages * * *."2

It is our opinion that, on the basis of the breadth of its language, this statute provides the sole procedural remedy for wrongful death. Whether the Legislature intended that punitive damages be recoverable cannot be directly ascertained from the statute because the act neither expressly precludes punitive damages, nor expressly authorizes punitive damages. Therefore, we must explore further to ascertain the intent of the Legislature.

History of the Act and Relevant Cases

First enacted in 1853,3 the act has been amended numerous times. Although the original language of § 10-7-1 that established the right to bring a wrongful death action for damages has not been changed since 1896, the Legislature proceeded to define pecuniary damages and specify additional damages that may be claimed beyond the original baseline of compensatory damages. Other amendments relating to damages made possible the recovery of medical expenses and lost earning power, G.L.1923 ch. 477, § 1, established a minimum recovery for damages, P.L.1949, ch. 2332, allowed damages for pain and suffering, P.L.1972, ch. 246, permitted unemancipated minors to seek recovery for the loss of consortium, P.L.1982, ch. 217, and allowed spouses recovery for loss of consortium, P.L.1984, ch. 64. Interspersed between the amendments have been court decisions, including early Rhode Island cases and a Federal appellate court case that interpreted the act to provide for compensatory "pecuniary" damages, but not punitive damages. See, e.g., Williams v. United States, 435 F.2d 804 (1st Cir.1970)

; Read v. Dunn, 48 R.I. 437, 440, 138 A. 210, 212 (1927); Burns v. Brightman, 44 R.I. 316, 117 A. 26 (1922); Dimitri v. Peter Cienci & Son, 41 R.I. 393, 103 A. 1029 (1918); McCabe v. Narragansett Electric Lighting Co., 27 R.I. 272, 61 A. 667 (1905) (McCabe II); McCabe v. Narragansett Electric Lighting Co., 26 R.I. 427, 59 A. 112 (1904)(McCabe I).

The most pertinent amendment was enacted in the 1971 session of the General Assembly, after the First Circuit Court of Appeals...

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