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Francis v. Brown12/4/2003
A dispute between two abutting landowners and allegations of negligence in maintaining trees running along the property line between them brought these parties before the Court. In her complaint, the pro se plaintiff, Nellie S. Francis, alleges property damage and personal injury as a result of falling branches and tree limbs. She now appeals from the judgment that dismissed her case pursuant to the entry of judgment as a matter of law in favor of the defendant, Joshua Brown. Moreover, she seeks a new trial based on a host of allegations of error occurring in the Superior Court. Upon careful consideration of each allegation, we affirm the judgment of the Superior Court. The facts and travel of the case as relevant to this appeal are as follows.
The plaintiff is the resident and owner of 16 Miller Avenue in Providence. The rear of her property is bordered by a fence approximately 100 feet in length. Part of her property abuts defendant's property at 21-23 Verndale Avenue, and part abuts a vacant parcel at 17-19 Verndale Avenue. Along plaintiff's property line are a row of mature maple trees that also border on defendant's property. Francis contended that Brown was negligent for failing to maintain the trees or to prune rotted limbs that constantly fell into her backyard, causing injury to herself, her children, her dog and her elderly mother, as well as damages to her fence, two vehicles, the cement floor of a torn-down garage, a swing set, and a doghouse. Brown denied all of Francis's allegations. Thereafter, the parties made a plethora of appearances on the motion calendar, but we will address only those hearings that are pertinent to plaintiff's appeal.
In February 2000, defendant moved to enter upon plaintiff's land to remove any trees belonging to him. Francis objected to his entry, unless defendant assumed the liability for any damage done by work crews. However, on the same day as the hearing on that motion, plaintiff filed her own motion to compel defendant to cut down the trees on his property. As a result, defendant filed a motion for sanctions based on plaintiff's alleged purposeful violations of Rule 11 of the Superior Court Rules of Civil Procedure. He alleged that she had proposed orders inconsistent with prior court rulings, and filed frivolous motions made to compel defendant to do that which she simultaneously had opposed. The hearing justice agreed and further found that she had caused unnecessary delay and increased defendant's cost of litigation. Francis was ordered to pay $350 to defense counsel by June 9, 2000.
Many additional motions were filed, most notably by Francis, concerning discovery issues and compliance deadlines. She also moved to amend her complaint on more than one occasion to add further damages.
In May 2000, Francis filed an appeal with this Court in an attempt to review an order denying her motion for reconsideration of an order granting defendant's motion for assessment of counsel fees and certain other interlocutory matters. That appeal was denied. See Francis v. Brown, 776 A.2d 1065 (R.I. 2001) (mem.).
On June 7, 2000, plaintiff was denied a request to amend her complaint for a second time. She sought to incorporate divers incidents of damage not included in her first amended complaint. The presiding hearing justice determined that her request was untimely and inappropriate, stating, " n light of the fact that a prior justice has set this down for a trial calendar call on the 16th [of June], * * * the additional request to amend at this time is too late, inappropriate, and for that reason is denied."
Prior to the commencement of proceedings, plaintiff went to the well again in an effort to f
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