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Tavares v. Barbour2/15/2002
This case came before the Court for oral argument on January 30, 2002, pursuant to an order that directed both parties to appear and show cause why the issues raised by this appeal should not summarily be decided. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown and that the issues raised by the appeal should be decided at this time.
I. Facts and Travel
This appeal arises from a personal injury action filed after an accident in which Jessica Guiterrez (Jessica), then five years old, was struck by an automobile. On the evening of June 22, 1996, plaintiff Maria Tavares (plaintiff), was a passenger in a minivan driven by defendant Deysi Barbour (defendant). Both were returning from a trip to Connecticut and were accompanied by defendant's husband, defendant's three children, and plaintiff's three children. The plaintiff's house was on the left side of the road. As defendant's vehicle pulled up to the house, she drove the vehicle over to the right side of the road and parked the van. The plaintiff opened the sliding door and permitted her three children to exit the van. As the group proceeded to the rear of the minivan to prepare to cross the street, Jessica began to cross the street unattended. Tragically, a second vehicle, driven by Rose A. Medina (Medina), struck Jessica and dragged her some distance.
Three years later, plaintiff filed the instant action against defendant and Medina. Apparently, Medina was uninsured and has not filed an answer in this action. The plaintiff's complaint alleged that defendant caused Jessica to be hit by Medina's vehicle by negligently parking her minivan across the street from plaintiff's house. The defendant filed a motion for summary judgment pursuant to Rule 56(b) of the Superior Court Rules of Civil Procedure, arguing that absent a duty, no negligence could be proved as a matter of law. The motion justice granted the motion, finding that plaintiff had failed to allege any "duty-triggering facts" to negate the rule that one is not bound to anticipate the negligence of another. The motion justice also granted defendant's accompanying motion for entry of final judgment pursuant to Rule 54(b) of the Superior Court Rules of Civil Procedure. The plaintiff appealed.
II. Duty of Care Standard of Review
In reviewing the Superior Court's judgment on a motion for summary judgment, we examine the matter de novo and apply the same standards as those used by the trial court. Delta Airlines, Inc., v. Neary, 785 A2d 1123, 1126 (R.I. 2001). Moreover, "summary judgment is appropriate when, viewing the facts and all reasonable inferences therefrom in the light most favorable to the nonmoving party, the court determines that there are no issues of material fact in dispute, and the moving party is entitled to judgment as a matter of law." Id.
The plaintiff argues that this case presents an issue of first impression to the Court, namely, whether a driver may be liable for a child's personal injuries (suffered when hit by a second vehicle) by parking his or her vehicle across the street and failing to pull into the child's driveway. Relying on this Court's decision in Malinowski v. United Parcel Service, Inc., 727 A.2d 194 (R.I. 1999), plaintiff argues that defendant had a duty to take extra care because Jessica was a minor.
We disagree with the blanket rule that a driver who discharges a minor from his or her vehicle has a duty to pull into the minor's driveway to avoid negligence.
"To state a viable action for negligence, the complainant must allege facts showing the existence of a legal duty of c
Page 1 2 Rhode Island Personal Injury Attorneys
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