D'Arezzo v. Bowden

512 A.2d 843, 1986 R.I. LEXIS 513
CourtSupreme Court of Rhode Island
DecidedJuly 14, 1986
DocketNo. 84-471-Appeal
StatusPublished
Cited by4 cases

This text of 512 A.2d 843 (D'Arezzo v. Bowden) 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
D'Arezzo v. Bowden, 512 A.2d 843, 1986 R.I. LEXIS 513 (R.I. 1986).

Opinion

OPINION

KELLEHER, Justice.

In this Superior Court negligence action, the plaintiff is before us on appeal from the grant by the trial justice of the defendants’ motion for a directed verdict and the grant of the defendants’ conditional motion for a new trial. The trial justice took these actions while acting pursuant to Rule 50(b) and (c) of the Superior Court Rules of Civil Procedure. He had reserved decision on the directed-verdict motion at the conclusion of the presentation of all the evidence and submitted the dispute to a jury. The jury subsequently awarded the plaintiff damages in the amount of $275,000 and then reduced that amount to $110,000 after it had assigned 60 percent of the fault for the mishap to the plaintiff. Hereafter we shall refer to the plaintiff, Gerald D’Arez-zo, and the defendant, Margaret Bowden, by their last names. No necessity exists for us to refer specifically to the other named defendant, Bowden’s husband, because his fate is dependent upon the resolution of D’Arezzo’s claim against Bowden’s wife.

The incident precipitating this litigation occurred on December 15, 1979. At that time D’Arezzo worked as an auto-body technician. Early in the afternoon of the day in question he paid a visit to the premises of a used-car dealer and, in the spirit of the Christmas season, enjoyed a couple of beers with his host. Later that day he returned to his home, which was situated on Douglas Pike in North Providence. D’Arezzo’s companion on this occasion was his girl friend, Donna. While Donna prepared dinner, D’Arezzo enjoyed his favorite libation, Vodka and grapefruit juice. As the afternoon wore on, he enjoyed additional servings of his favorite drink. He couldn’t remember the number of drinks he consumed while at the house, but he did acknowledge consumption of at least two. He was equally indefinite about the exact amount of beer he had consumed while exchanging Christmas greetings with the used-car dealer.

Once dinner was over, D’Arezzo drove to Providence where he visited with his father. No libations were served by the father. D’Arezzo left his father’s home and drove to Lincoln Greyhound Park, and at approximately 7:30 p.m. he parked his 1973 Ford Galaxy in the park’s grandstand area. He purchased a program and returned to the grandstand’s bar, where he once again enjoyed his favorite drink. He placed bets on the first three dog races. Again, he could not recall the exact number of drinks he consumed during his wagering activities.

Feeling a “little light headed,” D’Arezzo returned to his car because he had promised Donna a trip to the LaSalette Shrine, where he and she could view the shrine’s Christmas display. When he arrived at his vehicle, D’Arezzo noted that one of his tires was flat. His plight worsened when he discovered that the spare was also flat.

At this point D’Arezzo decided he would walk home. He walked out of the lot and proceeded westward along Twin River Road. Photographs introduced at trial indicate that Twin River Road is a two-lane highway with a double white line running down its middle separating westbound traffic from eastbound traffic. Along each side of the road is another white line, which delineates an area referred to by the witnesses as the breakdown lane. Each lane appears to be approximately four feet eight inches in width. Twin River Road might be described as a connector highway because [845]*845it begins on the east at Route 146 and terminates at the west at Douglas Pike. D’Arezzo described the weather conditions as he embarked on his hitchhiking expedition as clear and cold. He had no overcoat but was wearing a three-piece suit. D’Arezzo told the jury that he began hitchhiking at approximately 8:30 p.m.

In direct examination D’Arezzo stated that when hitchhiking he was within the breakdown area or standing on the white line separating the breakdown lane from the westbound-traffic lane. According to him, the only portion of his anatomy that was out in the traffic lane was his thumb. He described the roadway as dark, and he could not recall whether there were street lights in the vicinity. He said that one car stopped but then drove off as he waited at the left-front fender for the driver to ask what D’Arezzo’s problem was. The last memory D’Arezzo had of his hitchhiking experience was turning around at the sound of a car approaching and seeing its headlights. When D’Arezzo regained consciousness, he was at Pawtucket Memorial Hospital where he subsequently underwent surgery for several severe injuries, including compound fractures of each leg, a ruptured spleen, and a severed ear.

In cross-examination, however, D’Arezzo admitted that in a pretrial deposition he had conceded that he actually did not know whether he was in or out of the breakdown-lane area while making his way along Twin River Road.

In her testimony Bowden testified she had been traveling westward on Twin River Road, returning to her North Providence residence after an evening of shopping with her husband and teenaged daughter in Cumberland at the Ann and Hope complex. She entered Twin River Road at approximately 9 p.m. She was quite familiar with the area and was driving ten to fifteen miles per hour below the posted speed limit of forty-five miles per hour. She had reduced her speed because she was aware of the nearby dog track and the heavily wooded area abutting the highway. Bowden insisted she was traveling in the center of the westbound lane. Her headlight beams were on low beam because she did not wish to distract the drivers proceeding in the eastbound lane. She saw nothing by means of the lights from either the eastbound cars or her own headlights that would have alerted her to the presence of D’Arezzo.

After a vehicle had passed her in the eastward travel lane, she glimpsed something that seemed to appear suddenly at the right-front fender; almost instantaneously the right portion of the windshield collapsed into a network of cracks. Immediately after impact Bowden drove over to the side of the road and stopped the vehicle. Her husband took a flashlight from the glove compartment and ran back toward the point of impact. As she was about to leave the vehicle, her husband yelled, “It’s a man. Get help.” Bowden ran to a nearby house, and within minutes the police and a rescue squad arrived. Bowden’s husband told the jury that after impact, he observed D’Arezzo lying perpendicular to the road with the greater part of his body in the breakdown lane and the lower portion of his body in the roadway.

A licensed practical nurse who was traveling eastward when she came upon the mishap stopped and rendered first aid to the victim. As she crossed the road, the nurse observed a pair of shoes close to the middle of the westbound travel lane. The nurse also testified that D’Arezzo was “reeking” of alcohol.

A detective who had extensive experience in the handling of highway mishaps expressed his opinion that at the time of the collision the Bowden vehicle was very close to the center of the lane. His opinion was based on his prior experience with highway mishaps, the location of D’Arezzo’s shoes, and the damage to Bowden’s vehicle.

At Pawtucket Memorial Hospital, blood tests were performed on D’Arezzo prior to his undergoing surgery. The tests indicated that his blood-alcohol level was .254 [846]*846percent. The surgeon explained that this was a “high level of intoxication.” The test was performed between 10 and 10:20 p.m.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Almonte v. KURL
46 A.3d 1 (Supreme Court of Rhode Island, 2012)
Walsh v. Israel Couture Post, No. 2274 V.F.W. of United States
542 A.2d 1094 (Supreme Court of Rhode Island, 1988)
Morinville v. Old Colony Co-Operative Newport National Bank
522 A.2d 1218 (Supreme Court of Rhode Island, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
512 A.2d 843, 1986 R.I. LEXIS 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darezzo-v-bowden-ri-1986.