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Estate of Fontes v. Salomone6/3/2003
ning superseding act of negligence, defendants failed to properly prove this with the requisite expert testimony.
III. Jury Instructions
The defendants also argue that the trial justice erred by not issuing jury instructions on superseding intervening cause. We disagree.
" he charge given to the jury must be applicable to the facts that have been adduced in evidence and that a request for instructions is properly denied when there is no basis for such instruction in the evidence." Brodeur v. Desrosiers, 505 A.2d 418, 422 (R.I. 1986). As we state above, the defendants failed to present the requisite expert testimony to establish that Dr. Skoly's actions were negligent and that such negligence was the proximate cause of Fontes's death. Therefore, there was no basis for an instruction to the jurors that they could properly consider whether Dr. Skoly's actions constituted a superseding intervening cause. Accordingly, the trial justice did not err by refusing to issue the defendants' proposed instruction.
Conclusion
For the reasons set out above, the defendants' appeal is denied and dismissed. The judgment of the Superior Court is affirmed. The papers of the case may be returned to the Superior Court.
Justice Flaherty did not participate.
Flaherty, J. Not Participating
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