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Gliottone v. Ethier3/14/2005
es are admissible to prove causation for injuries resulting from a vehicle collision, even in the absence of expert testimony. See Boscia v. Sharples, 860 A.2d 674, 678 (R.I. 2004). Although defendant does not challenge the admissibility of the photographs in this case, he asserts that they do not create a genuine issue of material fact about any negligence on his part. However, after considering those photographs in the light most favorable to the plaintiff, and without weighing the evidence or passing on issues of credibility, we are of the opinion that the vehicular damage depicted creates a potential material issue of fact barring summary disposition. Clearly, the photographs illustrate such significant and severe front-end damage to Mr. Gliottone's vehicle that a jury reasonably could infer that defendant may have been speeding at the time of the accident.
It is also significant to our analysis in this case that Rhode Island is a comparative negligence jurisdiction. Pursuant to G.L. 1956 ยง 9-20-4, a plaintiff in a negligence action is entitled to an award of damages if he can prove the negligence of the defendant, although his damages will be reduced in proportion to his own fault. This is so even when, as in this case, the circumstances appear to indicate that plaintiff may have been substantially negligent in an incident from which substantial injuries are claimed to have resulted. Thus, if the plaintiff, notwithstanding his own apparent negligence, presents evidence sufficient to create a genuine issue of material fact as to the negligence of the defendant, summary disposition of his cause of action is improper. This Court recognized long ago that " here a motion for summary judgment is proper, the court is not authorized to try the issue, but is to determine whether there is an issue to be tried." Berick v. Curran, 55 R.I. 193, 197, 179 A. 708, 710 (1935).
Conclusion
For the reasons stated herein, we vacate the Superior Court's entry of summary judgment in favor of the defendant. The record shall be remanded to the Superior Court for proceedings consistent with this opinion.
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