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Plourde v. Myers6/3/2003
Neri v. Nationwide Mutual Fire Insurance Co., 719 A.2d 1150, 1153 (R.I. 1998)). Furthermore, " he charge given by a trial justice need only 'adequately cover the law.'" State v. Hurteau, 810 A.2d 222, 224-25 (R.I. 2002) (quoting State v. Krushnowski, 773 A.2d 243, 246 (R.I. 2001)). Therefore, the jury need be instructed only on the relevant and applicable law.
In this case, the trial justice accurately concluded that § 31-23-1 did not apply. It was undisputed that the accident occurred in a parking lot on private property. Section 31-23-1(a) states: "It is a civil violation for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any highway any vehicle * * * which is in such an unsafe condition as to endanger any person * * *." The Legislature made it clear in G.L. 1956 § 31-12-1 that chapters 12 through 27 of title 31 apply "exclusively to the operation of vehicles upon highways and on all state, city or town owned public property * * *." The Rhode Island Hospital parking lot is neither a highway nor a public property owned by the state, city or town. Therefore, the trial justice properly refused to instruct the jury as requested.
V. Voir Dire
The plaintiffs assert on appeal that the trial justice erred in refusing to ask, through voir dire, whether Allstate employed any of the jurors. However, plaintiffs' actual request at trial was for the trial justice to voir dire the jurors to determine whether any were insured by, not employed by, Allstate. Specifically, at the close of evidence, plaintiffs' counsel stated: "I'm asking the court in its own manner and fashion to voir dire the jurors, to determine if any of them are, in fact, insured by Allstate." Consequently, because plaintiffs never asked the trial justice to voir dire the jurors with respect to employment by Allstate, the issue has been waived.
Conclusion
Accordingly, the plaintiffs' appeal is denied and dismissed. The judgment of the Superior Court is affirmed and 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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