DelSanto v. Hyundai Motor Finance Co.8/12/2005
Introduction
In this negligence action, the plaintiff, Donna DelSanto, acting in her capacity as the Administratrix of the Estate of Geraldine DelSanto (DelSanto), appeals from the Superior Court's grant of summary judgment in favor of the defendant, Hyundai Motor Finance Company (Hyundai), with respect to her wrongful death claim against that entity.
The factual background of this case, although tragic, is quite simple. (Indeed the parties are in agreement as to the facts that are pertinent to this appeal.) By contrast, the legal terrain that lies before us is more complex: there are several different statutes that are at least potentially implicated by this case, and harmonizing those statutes is a challenging task. We are nevertheless convinced that the statutory provisions relied upon by the parties can, in the end, be harmonized in a logical and intellectually honest manner. For the reasons set forth below, we affirm the judgment of the Superior Court.
Facts and Travel
This case arises out of a motor vehicle accident that occurred in Cranston on July 26, 1999. At the time of the accident, the decedent, Geraldine DelSanto, was a passenger in a vehicle being operated by her daughter, Patricia DelSanto. The decedent was killed when the vehicle in which she was riding was struck from behind by a vehicle owned by Hyundai, leased to one Doris White, and operated by one Joseph Gould.
Not long after the accident, on October 28, 1999, the plaintiff, Donna DelSanto, acting in her capacity as Administratrix of the Estate of Geraldine DelSanto, executed a settlement agreement entitled: "Joint Prorata Tort-Feasor Release." By its terms, the agreement released Joseph Gould, Doris White, and White's insurer, Progressive Northern Insurance Company, from "any and all claims, actions, and causes of action * * * arising out of an accident that occurred at or near Elmwood Avenue, Cranston, RI on or about the 26th day of July, 1999." (Emphasis omitted.)
Approximately two years later, on October 16, 2001, plaintiffs commenced the instant action in the Superior Court.
Count 1 of the complaint asserted that the lessor, Hyundai, was vicariously liable for the wrongful death of Geraldine DelSanto because, when the accident occurred, Gould was negligently driving the leased vehicle with the lessee's permission. The basic premise of DelSanto's position was that, as the owner of the motor vehicle, Hyundai was jointly and severally liable for Gould's actions.
Thereafter, Hyundai filed a motion for summary judgment, asserting that Donna DelSanto's execution of the October 28, 1999 release barred the wrongful death claim against Hyundai as a matter of law pursuant to G.L. 1956 chapter 6 of title 10 (the "Uniform Contribution Among Tortfeasors Act").
The motion justice granted Hyundai's motion for summary judgment. She held that, pursuant to the provisions of G.L. 1956 (1994 Reenactment) § 31-33-6, Gould (who was driving the leased vehicle with permission) was an agent of the lessor, Hyundai, and that, as a matter of law, they constituted a single tortfeasor for purposes of the Uniform Contribution Among Tortfeasors Act. Continuing with her analysis, the motion justice concluded that, even though G.L. 1956 § 31-34-4 does not contain the same explicit agency language as § 31-33-6, these statutes must be read in conjunction with each other. She then proceeded to hold that, in view of her understanding of our reasoning in DiQuinzio v. Panciera Lease Co., 612 A.2d 40 (R.I. 1992), "there is no direct liability for Hyundai, rather it is based on [Gould's] liability." The motion justice held that DelSanto's claim must fa
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