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Rivers v. American Commerce Insurance Co.12/4/2003
This case is before the Court on a writ of certiorari that we issued to review the Superior Court's order denying the defendant's motion for summary judgment. The parties appeared for oral argument on September 22, 2003, pursuant to an order directing them to show cause why the issues raised should not be summarily decided. After considering the arguments of counsel and the memoranda filed by the parties, we are of the opinion that cause has not been shown and shall proceed to decide the case at this time.
The defendant, American Commerce Insurance Company (ACIC or defendant), challenges the denial by a Superior Court motion justice of its motion for partial summary judgment. ACIC was the insurer for Joselito Quesada (Quesada), who was the operator of a vehicle involved in an accident with plaintiff's vehicle which is the subject of this negligence lawsuit. By motion, ACIC contended that the claim against it by Shannon Rivers (Rivers or plaintiff) for personal injuries was barred by the three-year statute of limitations set forth in G.L. 1956 § 9-1-14(b). Upon de novo review of the narrow question of law hereinafter discussed, we agree that Rivers's direct suit against ACIC was filed out of time and that ACIC was entitled to judgment as a matter of law. We therefore quash the order of the Superior Court denying summary judgment.
On January 4, 1999, Rivers and Quesada were involved in an automobile accident at the intersection of Colfax Street and Ocean Street in Providence. Rivers filed a complaint for personal injuries and property damage against Quesada on November 29, 2001. However, attempts to serve the summons and complaint upon him were unavailing and the summons and complaint were returned non est inventus. On March 19, 2002, plaintiff filed an amended complaint that named ACIC as co-defendant with Quesada, alleging that ACIC insured Quesada under a policy of automobile insurance at the time of the accident, that ACIC was responsible for the damages incurred, and that, in accordance with G.L. 1956 § 27-7-2, ACIC was properly joined as a party.
ACIC promptly filed a motion for partial summary judgment on Rivers's claims for personal injuries, medical expenses, lost wages, and pain and suffering, arguing that the claim was barred by the three-year limitations period governing personal injuries as provided by § 9-1-14(b). ACIC argued that although § 27-7-2 properly authorizes Rivers to bring a direct action against ACIC upon return of process against its insured non est inventus, the statute in no way lengthens, tolls or modifies the limitations period for bringing such an action. ACIC argued that the three-year statute of limitations had expired months before suit was brought directly against it on March 19, 2002, because the limitations period had commenced on January 4, 1999, the date of the accident giving rise to plaintiff's alleged injuries. In support of its argument, ACIC principally relied upon this Court's holding in Luft v. Factory Mutual Liability Insurance Co. of America, 51 R.I. 452, 155 A. 526 (1931), a factually similar case in which this Court deemed suit against the insurer to be out of time. ACIC urged the motion justice to make a determination in its favor based on the parallel facts and reasoning in Luft.
At the hearing on ACIC's motion, plaintiff argued that, notwithstanding the holding in Luft, great weight should be given to Rule 4(l) of the Superior Court Rules of Civil Procedure and the impact that the 120-day service of process time allowance should have on the outcome of this case. Rivers argued that her claim against ACIC should be recognized as timely filed within the statutory period because the original complaint against Que
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