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Mottola v. Cirello2/4/2002
This case came before the Supreme Court on December 12, 2001, on petitions for writ of certiorari by both parties to review sua sponte orders of the Superior Court. These orders directed defense counsel, in connection with the substitution of the state as the party defendant pursuant to G.L. 1956 § 9-31-12(b), to withdraw his appearance and further ordered the Attorney General to enter an appearance on behalf of the State of Rhode Island. We also granted certiorari on behalf of the plaintiff to review a sua sponte order that declared that plaintiff was no longer entitled to prejudgment interest on any damage award, and that the award was subject to the statutory cap on damages enjoyed by the state pursuant to § 9-31-1. We affirm in part and reverse in part.
Facts and Travel
On June 18, 1997, Rudolph Mottolla (plaintiff or Mottolla) was operating a motor vehicle and, while stopped, was struck from behind by a vehicle operated by Mark E. Cirello (Cirello or employee), who, at the time of the collision, was employed by the State of Rhode Island (the state), a co-defendant in this case. The plaintiff filed a personal injury action on June 10, 1998, alleging negligence by both the employee and the state as respondeat superior. Prior to the collision, the state had entered into a contract of insurance with Royal Sun & Alliance Insurance Company (Royal or insurer) that provided for liability coverage for the state's fleet vehicles, including the vehicle involved in this collision. Included in the contract of insurance is a provision requiring the state to cooperate in the defense of any claims and accord the carrier discretion to investigate and settle claims as it sees fit.
The record discloses that when served with the complaint, the Attorney General forwarded the claim to Royal for defense and coverage. Royal proceeded to retain the firm of Higgins, Cavanagh & Cooney (Higgins or defense counsel) to answer and defend the suit. Higgins answered the complaint on behalf of both Cirello and the state and subsequently moved, pursuant to § 9-31-12(b), to dismiss the claim against Cirello and to substitute the state as the party defendant. The trial justice granted the motion, dismissed Mottola's claim against the employee, and ordered the substitution of the state as the party defendant. However, she also declared sua sponte, that plaintiff was no longer entitled to statutory interest on any potential judgment and that the statutory cap on damages pursuant to § 9-31-1 applied to any judgment plaintiff may recover. Finally, the trial justice ordered that "the Attorney General * * *[shall] enter his appearance forthwith [and that] counsel for the defendant shall withdraw simultaneously." This Court granted certiorari in order to review these interlocutory rulings.
Standard of Review
"Questions of * * * statutory interpretation are reviewed de novo by this Court." Webster v. Perrotta, 774 A.2d 68, 75 (R.I. 2001) (citing Rhode Island Depositers Economic Protection Corp. v. Bowen Court Associates, 763 A.2d 1005, 1007 (R.I. 2001)). "In matters of statutory interpretation our ultimate goal is to give effect to the purpose of the act as intended by the Legislature." Webster, 774 A.2d at 75 (citing Matter of Falstaff Brewing Corp. Re: Narrangansett Brewery Fire, 637 A.2d 1047, 1050 (R.I. 1994)). Further, "when the language of a statute is clear and unambiguous, this Court must interpret the statute literally and must give the words of the statute their plain and ordinary meanings." Accent Store Design, Inc. v. Marathon House, Inc., 674 A.2d 1223, 1226 (R.I. 1996).
"Of course, it is equally well established that, when confronted with statutor
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