Allen v. State

420 A.2d 70, 1980 R.I. LEXIS 1843
CourtSupreme Court of Rhode Island
DecidedSeptember 30, 1980
Docket78-328-Appeal
StatusPublished
Cited by12 cases

This text of 420 A.2d 70 (Allen v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. State, 420 A.2d 70, 1980 R.I. LEXIS 1843 (R.I. 1980).

Opinion

OPINION

MURRAY, Justice.

In 1972, the plaintiff instituted a wrongful-death action on behalf of himself and his minor child against the State of Rhode Island. At trial upon conclusion of the plaintiff’s case, a Superior Court justice granted the state’s motion for a directed verdict. The plaintiff appeals from the judgment entered, challenging the propriety of the directed verdict and of the exclusion of certain expert testimony.

The evidence indicates that at approximately 1 a. m. on February 12, 1971, plaintiff’s wife, Linda Allen, accompanied by two friends, was driving northerly in her automobile on United States interstate Route 95, a public highway, in West Greenwich. Route 95 at that point is a divided highway with two northbound lanes and an additional twelve-foot breakdown lane or shoulder on the right side. Linda was driving her Volvo sedan at a speed of only thirty miles per hour because of patches of ice on the surface of the highway.

Immediately after negotiating a curve and passing exit 6, Linda’s car skidded on a patch of ice located in the right travel lane just before the Nooseneck Hill Road overpass. The car turned clockwise while skidding out of control across the breakdown lane. Despite Linda’s efforts, her automobile slammed into a concrete bridge abutment that stood two feet beyond the breakdown lane. The car struck the abutment near the driver’s door. Somehow when the car came to rest, it was again headed northward. As a result of the accident, Linda suffered very serious injuries, which some days later resulted in her death.

There was no guardrail erected at the site of the bridge abutment. An expert testified that the purpose of a guardrail is to help prevent a vehicle from leaving the roadway and to redirect it away from such roadside objects as bridge abutments.

The plaintiff presented evidence in support of two alternate theories of recovery. In the first count of his complaint he alleged that in light of the state’s negligent failure to erect a barrier or guardrail, the unguarded bridge abutment constituted an unreasonably dangerous condition that proximately caused the injuries resulting in his wife’s death. In a second count, he alleged that the state’s negligent failure to sand or salt the icy highway proximately caused her death. The plaintiff assigns no error with respect to the verdict directed against the second count.

In support of his claim that is the subject of this appeal, plaintiff sought to establish that the state’s failure to erect a guardrail to prevent collision with the bridge abutment created an unreasonable risk of harm in light of the reasonable foreseeability that a vehicle could skid off the highway and crash into the bridge abutment. He assigns error to several rulings by which the trial justice excluded expert testimony and documentary evidence.

*72 The plaintiff thought it critical to his case to show specifically how the decedent suffered injuries when her automobile struck the bridge abutment, what the injuries were, how they caused her death, and how a properly constructed guardrail would have prevented her death. He sought to introduce a crash-reconstruction expert’s testimony to show precisely what had happened to the decedent upon impact with the bridge abutment and to contrast that occurrence with what probably would have happened to her if her automobile had struck a guardrail instead. The plaintiff sought also to introduce medical records and testimony of the decedent’s treating physician to show the nature and extent of her injuries.

The trial justice excluded the proffered testimony in both instances on the ground of irrelevancy. In his view such evidence had “nothing to do with what caused the accident.” The basis of that assertion became apparent subsequently when the trial justice elaborated on his decision to direct a verdict in favor of the state. He reasoned then that the presence or absence of a guardrail in the area of the bridge abutment had no causal effect on the happening of the accident. In explanation, he stated that the inanimate bridge abutment “was merely a condition of the area off the highway and could in no way be termed a cause of an event that took place initially on the highway.”

The trial justice’s view that the absence of a guardrail had no causal effect on the happening of the accident is correct only to the extent that he used the word “accident” to define the act of the decedent’s automobile skidding on ice. Certainly, decedent’s vehicle went into a skid for a reason independent of the lack of a guardrail. The plaintiff is not, however, suing the state for injuries caused solely by the skid. He claims that the decedent’s injuries would have been less severe had a guardrail been in place. In summary, he asserts that he need not have shown that the absence of a guardrail caused the car to go into a skid, but rather that he needed to have established only that the state’s failure to erect a guardrail was a concurring proximate cause of the decedent’s injuries.

In an action for wrongful death, the plaintiff must, as in any other negligence suit, introduce competent evidence to establish a causal relationship between the defendant’s act or omission and the injuries resulting in the decedent’s death. Evans v. Liguori, 118 R.I. 389, 395, 374 A.2d 774, 777 (1977); Presley v. Newport Hospital, 117 R.I. 177, 189, 365 A.2d 748, 754 (1976). In most cases, causation is established by competent evidence demonstrating that but for the defendant’s negligence, the decedent’s injuries would not have occurred. Mullaney v. Goldman, R.I., 398 A.2d 1133, 1136 (1979); Evans v. Liguori, 118 R.I. at 396, 374 A.2d at 777. In light of the nature of plaintiff’s claim, the expert testimony of the crash-reconstruction expert and the treating physician were directly relevant to the issue of causation. In excluding such evidence on the basis of relevancy, the trial justice abused his discretion. Cf. Soucy v. Martin, R.I., 402 A.2d 1167, 1170 (1979) (no abuse of discretion found where trial justice excluded evidence under the collateral source rule).

The plaintiff claims that the trial justice erred in two instances by excluding a highway-construction expert’s testimony pertaining to whether the unprotected bridge abutment posed an unreasonable risk of harm. At one point, plaintiff sought to introduce the expert’s opinion of the risk to safety posed by the unprotected bridge abutment. Subsequently, plaintiff sought to have the expert testify about safety standards recognized by the highway-construction industry for use of guardrails at bridge abutments.

Relying on Barenbaum v. Richardson, 114 R.I. 87, 328 A.2d 731 (1974), and Glennon v. Great Atlantic & Pacific Tea Co., 87 R.I. 454, 143 A.2d 282 (1958), the trial justice excluded the expert’s opinion testimony. In Barenbaum

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Bluebook (online)
420 A.2d 70, 1980 R.I. LEXIS 1843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-state-ri-1980.