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Sindelar v. Leguia5/17/2000
pending judgment of distribution to enter in the probate court. Sindelar has timely appealed to this Court, asserting first that the hearing justice erred by granting summary judgment because no discovery was conducted and no supporting affidavits were filed by Leguia, thus making the summary judgment motion procedurally defective, and secondly that the hearing justice erred as a matter of law in interpreting the Act not to require some level of familial relationship between parent and child as a prequisite to recovery under the Act. For the reasons hereinafter stated, we deny the plaintiff's appeal and sustain the grant of summary judgment.
II. Standard of Review
"In reviewing the grant of a summary judgment motion, this Court employs the same standard on review as the trial justice. We must examine all of the pleadings, memoranda and affidavits in the 'light most favorable to the party opposing the motion.' " Truk-Away of Rhode Island, Inc. v. Aetna Casualty & Surety Co., 723 A.2d 309, 313 (R.I. 1999) (quoting Splendorio v. Bilray Demolition Co., 682 A.2d 461, 465 (R.I. 1996)). We conduct such a de novo analysis "to decide whether an issue of material fact exist and whether the moving party entitled to summary judgment as a matter of law." Buonanno v. Colmar Belting Co., 733 A.2d 712, 715 (R.I. 1999) (quoting Textron, Inc. v. Aetna Casualty and Surety Co., 638 A.2d 537, 539 (R.I. 1994)). Finally, as is particularly pertinent to the case at bar, " ummary judgment is proper when there is no ambiguity as a matter of law." Id. (quoting Textron, Inc., 638 A.2d at 539).
III. The Summary Judgment Motion
Sindelar first asserts on appeal that the summary judgment motion, lacking supporting affidavits and relevant discovery, was not procedurally ripe for consideration by the hearing justice. She argues that the dearth of such supporting materials meant that the hearing justice could not have had a complete and proper understanding of the legal and factual issues presented within the case to have properly awarded summary judgment. We disagree.
We begin by noting that Rule 56(b) of the Superior Court Rules of Civil Procedure provides that a defending party "may, at any time, move with or without supporting affidavits for summary judgment in the party's favor as to all or any part thereof." Thus, a lack of supporting affidavits simply cannot be error, as Sindelar contends in this case. The plain language of the rule requires only that for summary judgment to enter, there be no genuine issues of material fact and that judgment for the moving party be appropriate as a matter of law. As will be discussed in detail infra, we believe that here there were no material facts to be litigated and, consequently, that the trial justice properly disposed of the case as a matter of law. His decision to do so is amply supported by the record we have before us, and in no way can we say that he approached the case before it was procedurally ripe for summary judgment or was somehow anything less than fully informed on the issues presented by the instant matter.
III. The Wrongful Death Act
Sindelar next asserts that the hearing justice erred by granting summary judgment in favor of Leguia because the justice incorrectly interpreted and applied the Act. She asserts that the Legislature, by using the term "pecuniary damages" in ยง 10-7-1.1 of the Act, intended to provide recovery solely to those persons who had a legitimate expectation of benefits from the continued life of the decedent. She contends therefore that Leguia, as an allegedly absentee father, had no such expectation from the life of Gregor and thus should be precluded from garnering any be
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