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Perrotti v. Gonicberg7/7/2005
dgment as a matter of law to defendant on Mrs. Perrotti's claim for psychic damage.
II. Discussion
On appeal, plaintiffs challenge two rulings of the trial justice, which they claim warrant a new trial. First, they assert that it was error for the trial justice to remove from the jury's consideration Mrs. Perrotti's claim for mental suffering caused by her worry and anxiety about her unborn child. Secondly, they aver that the trial justice committed reversible error by precluding them from presenting evidence that their two-year-old child suffered a broken leg.
Their first assertion of error is framed: "I. It was Error to Instruct the Jury to Disregard Ms. Perrotti's Testimony Regarding Her Concern for Her Unborn Baby." We initially observe that we have searched the record on appeal to find such a specific instruction, but have been unable to locate one. What the trial justice did do, however, was grant judgment to defendant as a matter of law on Mrs. Perrotti's claim for psychic damage. We will, therefore, treat plaintiffs' argument as an assignment of error relative to the trial justice's dismissal of said claim under Rule 50(a)(3).
A. Damages for Mental Suffering
The plaintiffs contend that the trial justice erred in dismissing Mrs. Perrotti's claim for mental suffering occasioned by her concern for her unborn child. Relying on Arlan v. Cervini, 478 A.2d 976 (R.I. 1984), plaintiffs assert that proof of physical symptomatology is not required when a plaintiff seeks compensation for mental anguish caused by a physical injury to the body. Moreover, plaintiffs assert that this Court, in Gagnon v. Rhode Island Co., 40 R.I. 473, 101 A. 104 (1917), previously has allowed recovery for damages resulting from a pregnant woman's apprehension that she would give birth to a deformed child after she had been struck by a trolley car.
The defendant responds that "the trial justice considered the facts in evidence, specifically that Mrs. Perrotti's personal injuries were minor and that plaintiff knew on the date of the accident that the fetal heart rate was normal." In addition, he notes that Mrs. Perrotti "was assured by the emergency staff and her obstetrician that the fetus was fine," and that, therefore, "the trial justice correctly found that the claim for emotional injury was not supported by the evidence."
In granting judgment as a matter of law, the trial justice relied on Rule 50(a)(3), which provides:
"So when you are ultimately doing your job , what you will be considering is your determination of the value of plaintiff's case relative to her chin and her knee as will be addressed by counsel but only that."
"When a motion for judgment as a matter of law is made at the close of the evidence offered by an opponent, the court in lieu of granting the motion may order the claim involuntarily dismissed on such terms and conditions as are just, and the dismissal shall be without prejudice. In the absence of a motion, the court may take such action on its own initiative." "The standard of review on a motion for [judgment as a matter of law] is well settled. Without weighing the evidence or evaluating the credibility of witnesses, the trial justice must consider the evidence in the light most favorable to the nonmoving party [or party against whom judgment is to be entered] and draw all reasonable inferences in favor of [said] party. * * * 'If, after such a review, there remain factual issues upon which reasonable persons might draw different conclusions, the motion for [judgment as a matter of law] must be denied, and the issues must be submitted to the jury for determination.' * * * This Court applies the sam
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