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Simeone v. Charron12/1/2000
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 the decedent'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. In finding 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 interr
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