Coffey v. American Cancer Society

540 A.2d 643, 1988 R.I. LEXIS 34, 1988 WL 13783
CourtSupreme Court of Rhode Island
DecidedFebruary 22, 1988
DocketNo. 86-476-Appeal
StatusPublished
Cited by4 cases

This text of 540 A.2d 643 (Coffey v. American Cancer Society) 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
Coffey v. American Cancer Society, 540 A.2d 643, 1988 R.I. LEXIS 34, 1988 WL 13783 (R.I. 1988).

Opinion

OPINION

FAY, Chief Justice.

The plaintiffs in this action, Neil F. Coffey and his wife, Diane C. Coffey, acting individually and as the representatives of their four children, appeal from a directed verdict and a jury verdict in favor of the defendants. They also appeal the partial denial of their motion for a new trial.1 The American Cancer Society, Rhode Island Division, Inc. (Cancer Society) and Derby Enterprises, Inc. (Derby) constitute the defendants. They appeal the trial justice’s [644]*644grant of the plaintiffs’ motion for a new trial.

This action arises from a car accident that occurred on September 11, 1983. While driving home from an afternoon spent attending the International Jumping Derby, Michael Faria’s vehicle collided with the Coffey vehicle. The accident caused severe front-end damage to the Coffey vehicle in addition to catastrophic injuries to the parents and two children of the Coffey family. The youngest two Coffey children escaped the accident with minor physical injuries.2 Bringing claims under G.L. 1956 (1976 Reenactment) § 3-11-1 (Dram Shop Act),3 and common-law negligence, plaintiffs initiated a lawsuit against the several parties responsible for the issuance and transfer of the liquor license to Derby for the event, in addition to those parties accountable for the specific sale of liquor to Faria.

The International Jumping Derby is a four-day equestrian competition held annually at Glen Farm in Portsmouth, Rhode Island. In previous years Derby, the corporation that organized the event, had qualified for a nineteen-hour retailer’s liquor license. Pursuant to an amendment in 1983, however, Derby no longer qualified for such a license.4 Derby’s president, Mason Phelps, Jr., contacted a representative of the Cancer Society to enlist the aid of the charitable corporation in obtaining a license. The Cancer Society procured the license and transferred it to Derby. Alcoholic beverages consequently were available to derby patrons. Guests affiliated with the event were given badges entitling them to free admission and beverages. Other spectators paid an entrance fee and purchased refreshments.

Faria’s friend, who worked and lived at Glen Farm, secured three or four exhibitor badges from a Derby secretary and gave one of them to Faria. At trial Faria stated that he used the badge to obtain beer and champagne at no charge throughout the afternoon. Several witnesses testified that Faria appeared to be intoxicated, and some observed him driving erratically in the parking area, executing high-speed 360-de-gree rotations (“donuts”) with his car. Although police officers attempted to stop him, Faria sped off. Approximately one mile away on East Main Road, Faria crashed into the Coffeys’ automobile.

At the close of plaintiffs’ case, the trial justice directed a verdict for defendants on the dram-shop violations. Rather than prove that defendants had sold liquor to Faria, as the statute requires, plaintiffs’ evidence indicated only that defendants furnished liquor to Faria. The trial justice reserved ruling on motions for directed verdicts on the negligence counts according to Rule 50(b) of the Superior Court Rules of Civil Procedure.

The trial concluded after approximately seven weeks of testimony. Following defendants’ final argument and during plaintiffs’ closing remarks, however, plaintiffs moved to reopen the trial. Counsel offered to produce a new witness who would testify that he had observed Faria purchase bottled beer at the derby. The trial justice denied plaintiffs’ motion to reopen, as well as their motion to pass, relying in part on his concern for permitting the defense adequate time to prepare for the new testimony. Determining that plaintiffs had exemplified due diligence in the discovery process and that the proffered evidence would [645]*645dramatically affect the verdict, the trial justice granted a new trial on the ground of newly discovered evidence in regard to all defendants except one. See Super.R. Civ.P. 59(a).

The plaintiffs premise their appeal on that one denial, and defendants appeal the granting of the new trial against them.5 After the jury found for Phelps, the judge granted the reserved directed verdict for Phelps. This parallels the procedural stance for defendants’ appeal of the granting of a new trial: after the jury found for defendants on the common-law-negligence counts, the judge granted reserved directed verdicts in their favor. Our reasoning will therefore apply to the arguments of both parties.

Among their several grounds for appeal, defendants contest the characterization of the proffered evidence as pertinent to the Dram Shop issue. The defendants assert that plaintiffs are introducing a new issue on appeal. The plaintiffs had relied on service of alcohol as their theory of recovery under the statute, and they never sought to prove the requisite sale of liquor. The defendants further argue that the trial justice erred in granting a new trial without holding an evidentiary proceeding to assess the credibility of the new witness. The defendants also question the timeliness of the appeal, whether from the directed verdicts for the dram-shop allegations or the combined jury and directed verdicts for the common-law-negligence counts.

We disregard plaintiffs’ appeal and defendants’ first two grounds of appeal. Terminating the legal argument at an earlier stage, we do not reach these distinctions. Rule 59(a) states in pertinent part:

“A new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of this state * *

Courts have traditionally granted new trials on the basis of newly discovered evidence. Rhode Island precedent, however, clearly prohibits a trial justice from granting a Rule 59(a) new trial regarding an issue as to which he has previously directed a verdict. Sousa v. Chaset, 519 A.2d 1132 (R.I.1987). In Izzo v. Prudential Insurance Company of America, 114 R.I. 224, 229-30, 331 A.2d 395, 398 (1975), this court examined the statutory predecessor to Rule 59 and Rhode Island case law, and we construed Rule 59 as prohibiting a new-trial motion when made to correct an error of law that occurred at trial. We define a directed verdict as a question of law for the trial justice that depends on his assessment of the facts. When directing a verdict, a trial justice “must consider the evidence in the light most favorable to the party against whom the motion is made without weighing the evidence or considering the credibility of the witnesses and extract from that record only those reasonable inferences that support the position of the party opposing the motion * * AAA Pool Service & Supply, Inc. v. Aetna Casualty and Surety Co., 479 A.2d 112, 115 (R.I.1984) (quoting Evans v. Liguori, 118 R.I. 389, 394, 374 A.2d 774, 776 (1977)). This factual underpinning of a directed verdict may have caused uncertainty as to whether the precedent would apply.

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Cite This Page — Counsel Stack

Bluebook (online)
540 A.2d 643, 1988 R.I. LEXIS 34, 1988 WL 13783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coffey-v-american-cancer-society-ri-1988.