DiQuinzio v. Panciera Lease Co., Inc.

612 A.2d 40, 1992 R.I. LEXIS 174, 1992 WL 158511
CourtSupreme Court of Rhode Island
DecidedJuly 8, 1992
Docket91-319-A
StatusPublished
Cited by26 cases

This text of 612 A.2d 40 (DiQuinzio v. Panciera Lease Co., Inc.) 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
DiQuinzio v. Panciera Lease Co., Inc., 612 A.2d 40, 1992 R.I. LEXIS 174, 1992 WL 158511 (R.I. 1992).

Opinion

OPINION

WEISBERGER, Justice.

This case comes before us on the plaintiff’s appeal from summary judgment entered in favor of defendant Panciera Lease Co., Inc., in the Superior Court. We affirm. The facts and travel of the case are as follows.

On October 21, 1985, Roger DiQuinzio (plaintiff) was a passenger in a motor vehicle owned by Panciera Lease Co., Inc. (Panciera, defendant), and leased to plaintiff’s employer, the State of Rhode Island. The vehicle in which plaintiff was riding was being driven by a fellow state employee, Malcolm Brownell (Brownell). It collided with a motor vehicle operated by Anthony Mastantuono (Mastantuono) and owned by Charlestown Sand and Gravel Co., Inc. (Charlestown). The plaintiff suffered both physical injuries and a loss of wages as a result of the accident and subsequently sought workers’ compensation benefits. The plaintiff received and continues to receive such benefits.

In March of 1988 plaintiff brought an action in the Superior Court against Mas-tantuono, Charlestown, and Panciera for damages arising out of the 1985 accident. The plaintiff alleged that Mastantuono was negligent in his operation of the motor vehicle owned by Charlestown. He asserted that Mastantuono and Charlestown were jointly and severally liable for the various injuries incurred by plaintiff as a result of the accident. The plaintiff also claimed implicitly that Panciera was jointly and severally liable with Brownell (as well as with Mastantuono and Charlestown) for plaintiff’s injuries pursuant to G.L.1956 (1982 Reenactment) § 31-34-4 (“Liability of owner for negligence of operator”). Section 31-34-4 makes the owner-lessor of a for-hire motor vehicle jointly and severally liable with any person permitted by the owner-lessor to operate such a vehicle for any damages caused by the operator’s negligence. Brownell, the operator of the motor vehicle owned and leased by Panciera, was not himself named as a defendant in plaintiff’s complaint. As a fellow employee of plaintiff, Brownell is immune from liability for plaintiff’s injuries in accordance with the Rhode Island Workers’ Compensation Act, G.L.1956 (1986 Reenactment) § 28-29-20.

*42 In April of 1991 Panciera moved for summary judgment on the grounds that no evidence of direct negligence on its part had been established after discovery. In the absence of such negligence, Panciera asserted, any claim for damages against it is dependent on its being held vicariously liable for Brownell’s negligence pursuant to § 31-34-4. Panciera contended, however, that such a claim is foreclosed because Brownell is immune from suit under the terms of the Rhode Island Workers’ Compensation Act. The trial justice granted Panciera’s motion for summary judgment on May 13, 1991. The plaintiff then appealed to this court.

The plaintiff argues that the immunity from suit afforded Brownell under the terms of the Rhode Island Workers’ Compensation Act does not affect the applicability of § 31-34-4 to the case at bar. Consequently plaintiff contends that summary judgment in favor of Panciera was improper. Because we conclude that an employee who has received workers’ compensation benefits may not pursue a right to recovery based on the wrongful conduct of an entity made immune from suit by the Rhode Island Workers’ Compensation Act, we affirm the judgment of the Superior Court.

The Rhode Island Workers’ Compensation Act seeks to ameliorate much of the physical, emotional, and financial adversity visited upon workers and their families in the wake of an employment-related injury. To accomplish this end, it establishes a scheme that furnishes a fixed rate of compensation to eligible employees injured within the course of their employment. In order to obtain such benefits, an injured employee is not required to show that his or her injury was due to the fault of another. However, the right to no-fault compensation from one’s employer is afforded in lieu of all other rights and remedies that an injured employee might have against his or her employer or that employer’s directors, officers, agents, or employees for their wrongful conduct. Section 28-29-20. 1 In effect the remedy made available to injured workers under our workers’ compensation scheme is in the nature of a compromise:

“The employer is made liable for certain accidental injuries for which before he was not liable. The employee or his dependents receive compensation by a procedure which is designed to be simple and expeditious. Both employer and employee in accepting the act surrender some rights and receive certain benefits. In some cases the employee or his dependents may receive less compensation under the act than at common law, but, on the other hand, they may receive compensation to which at common law they would not be entitled.” National India Rubber Co. v. Kilroe, 54 R.I. 333, 336, 173 A. 86, 87 (1934).

Hence under the Rhode Island Workers’ Compensation Act an injured employee is ensured timely and certain, though limited, compensation. In exchange he or she gives up the right to pursue an action at law that, although potentially more remunerative, is likely to be protracted and may well be unsuccessful.

When an injured employee receives workers’ compensation benefits, the exclusivity provisions of § 28-29-20 extinguish all other rights to recovery based on the wrongful conduct of the injured employee’s employer or that employer’s directors, officers, agents, or employees. Workers’ compensation benefits are meant as full compensation for any loss or harm that is alleged to have been caused by any entity to which immunity from suit is extended under § 28-29-20. Cf. Travis v. Rialto Furniture Co., 101 R.I. 45, 220 A.2d 179 (1966) (injured employee who ob *43 tained damages from a third-party tort-feasor by way of settlement is presumed to have been fully compensated for his injuries). An injured employee is not, however, barred from seeking damages from an entity not made immune under § 28-29-20 for any loss or harm due to the wrongful conduct of such an entity. G.L.1956 (1986 Reenactment) § 28-35-58. If an injured employee does in fact recover against a nonimmune entity, he or she is obligated to reimburse his or her employer (or the employer’s insurance carrier) for any compensation paid as of the date of the judgment or settlement. Id.

In the case at bar plaintiff was injured in the course of his employment and accepted workers’ compensation benefits. As a result plaintiff may not pursue any other right to recovery based on the wrongful conduct of an entity immune from suit under § 28-29-20. We are convinced that plaintiff's action against Panciera pursuant to § 31-34-4 is included within the ambit of this prohibition.

It is evident that the substantive basis of an owner-lessor’s liability under § 31-34-4 for the negligent operation of its for-hire motor vehicle is the wrongful conduct of the operator. The statute provides that the owner-lessor of a for-hire motor vehicle is liable for damages “caused by the negligence of any 'person operating the vehicle by or with the permission of the owner.” 2

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Cite This Page — Counsel Stack

Bluebook (online)
612 A.2d 40, 1992 R.I. LEXIS 174, 1992 WL 158511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diquinzio-v-panciera-lease-co-inc-ri-1992.