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Plourde v. Myers6/3/2003
In this personal injury action resulting from a rear-end collision, the plaintiffs, Carolmarie Plourde (Carolmarie), and her husband Michael Plourde (Michael) (collectively referred to as plaintiffs), appeal several rulings made by a Superior Court trial justice. Specifically, the plaintiffs complain that the trial justice erroneously (1) denied their motions for judgment as a matter of law and new trial, (2) permitted evidence of minimal automobile damage to demonstrate lack of injury absent expert testimony, (3) failed to voir dire the jury at the close of evidence about whether Allstate, the defendant's insurer, employed any of the jurors, and (4) failed to charge the jury on the law of a particular statute.
This case came before the Supreme Court for oral argument on April 9, 2003, following an order directing the parties to appear and show cause why the issues raised by this appeal should not summarily be decided. Having reviewed the record and the parties' briefs, and having considered the oral arguments, we are of the opinion that cause has not been shown and proceed to decide the appeal at this time. For the reasons indicated below, we affirm the judgment of the Superior Court.
I. Facts and Travel
On February 16, 1999, defendant Ray Myers (defendant), arrived at Rhode Island Hospital for a medical appointment at approximately 10 a.m. While searching for a parking space, her car "lurched" and bumped two other cars in the lot. The defendant believed that her car was improperly functioning, causing the "lurch." After reporting the incident to security and attending her appointment, defendant attempted to contact the American Automobile Association (AAA) to tow her car. After failing to reach AAA, she took the bus home. She eventually found an automobile mechanic to inspect her car in the hospital parking lot, but he found nothing wrong. Because she believed her car was malfunctioning, defendant decided to drive the car to a garage where it could be further examined.
While waiting in line to pay for parking in the hospital lot, defendant's car "lurched" again as she attempted to inch forward in the crowded line, making contact with the rear end of the car in which plaintiffs were passengers. The defendant retreated from the line and moved back into the parking lot, where she spoke with a security officer. The officer took her information, told her "it was nothing," and that the other car already had left.
The defendant refused to drive and left her car in the lot. The car later was towed to a garage near her home. After a second examination, a mechanic determined that defendant's car was in good working order. Later that day, defendant's son retrieved the car. The defendant has not driven since.
The plaintiffs filed suit against defendant for injuries that Carolmarie alleges she suffered from the rear-end collision in the hospital parking lot ticket line. Michael asserted a claim for loss of consortium. At trial, Carolmarie testified that she was at the hospital on February 16, 1999, because an ambulance brought her there after she partially fainted. Carolmarie admitted that while at the hospital she received Morphine for pain and Compazine for nausea and dizziness.
Carolmarie testified that at the time of the accident her head was resting on her hand, and at the moment of impact her body moved forward, but her arm and shoulder did not. She explained that she did not actually experience any shoulder or neck pain from the accident until almost two days later, at which point she contacted her physician. However, she did not see her doctor until six days after the phone call, approximately eight days after the acci
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