Lawrence v. Petit

492 F. Supp. 1203, 1980 U.S. Dist. LEXIS 11768
CourtDistrict Court, D. Rhode Island
DecidedMay 28, 1980
DocketCiv. A. No. 79-0409
StatusPublished

This text of 492 F. Supp. 1203 (Lawrence v. Petit) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawrence v. Petit, 492 F. Supp. 1203, 1980 U.S. Dist. LEXIS 11768 (D.R.I. 1980).

Opinion

OPINION

FRANCIS J. BOYLE, District Judge.

This action was commenced by the Plaintiffs pursuant to 42 U.S.C. § 1983 (1974). Plaintiffs are Antone Lawrence, Jr. and Mary N. Lawrence, Co-Administrators of the Estate of Christopher Lawrence and residents of the Town of Little Compton, County of Newport, State of Rhode Island. Defendants are Eugene P. Petit, Jr., individually and in his capacity as Assistant Director of Transportation in the Division of Motor Vehicles of the State of Rhode Island, and Robert J. Connors, individually [1204]*1204and in his capacity as Chief of Safety Responsibility in the Division of Motor Vehicles of the State of Rhode Island. Plaintiffs allege that Defendants’ denial of Plaintiffs’ request to participate in a third party’s financial responsibility hearing concerning an accident involving Plaintiffs’ deceased son is a denial of their right to due process of the law guaranteed to them by the Fourteenth Amendment of the United States Constitution in violation of 42 U.S.C. § 1983. Plaintiffs seek temporary and permanent injunctive relief and compensatory and exemplary damages.

On June 11, 1978, Plaintiffs’ minor son and two other persons were killed in an automobile accident, when the car in which they were riding collided with another motor vehicle operated by David Hudson at the intersection of Town Way and West Main Road in Little Compton, Rhode Island. After investigating this accident, the Division of Motor Vehicles [hereinafter Registry] notified Mr. Hudson pursuant to R.I. Gen.Laws §§ 31-31-5 and 31-31-9 that because of his lack of liability insurance coverage at the time of the accident, he would be required to post a financial responsibility bond in the amount of $50,100.00, and that failure to post such bond or request a hearing would result in the suspension of his operator’s license and its attendant privileges on February 28, 1979. On February 8, 1979, Mr. Hudson requested a hearing on the ground that there was no reasonable possibility that a judgment for damages would be rendered against him. By letter dated February 15, 1979, Defendant Connors scheduled the matter for hearing on August 16, 1979. The hearing did not occur due to the pendency of this action.

After discovering from the Registry that Mr. Hudson did not carry liability insurance and that a hearing to determine whether a bond was required had been scheduled, Plaintiffs requested that the Registry allow Plaintiffs to be represented at the hearing, to present evidence, and to cross-examine Mr. Hudson’s witnesses. Defendant Connors denied Plaintiffs’ request by letter dated June 28, 1979, on the ground that the hearing was “only an administrative hearing’’ and not “a hearing as a court case.” Defendant Connors invited Plaintiffs to submit any pertinent information which they wished to be considered and to attend the hearing as observers. Some information was submitted by the Plaintiffs to the Registry in an effort to show that their participation should be allowed. On August 14, 1979, Plaintiffs instituted this action seeking injunctive and declaratory relief against the Defendants allowing Plaintiffs to intervene in Mr. Hudson’s hearing. Plaintiffs also seek compensatory and exemplary damages.

The State of Rhode Island does not require the owner or operator of a motor vehicle upon the highways of the State to first obtain liability insurance. In the event of an accident which involves personal injury or property damage of $200 or more, where the owner of the vehicle involved did not have an automobile liability policy or bond in effect, the owner’s registration and the operator’s license are subject to suspension. Suspension of a license or registration may be avoided if security is furnished to be applied in settlement of damage claims or in satisfaction of any judgment rendered against the person required to make the deposit. Where there are multiple claims, every distribution of funds from security deposits “shall be subject to the limits of the registry’s evaluation on behalf of a claimant.” R.I.Gen.Laws § 31-31-20(b).

Following an accident, the operator of an involved vehicle is required to file an accident report with the Division of Motor Vehicles within ten days. R.I.Gen.Laws § 31-26-6. Not less than twenty days after receipt of the report of an accident involving an uninsured motorist, the Registry “shall determine the amount of security which shall be sufficient in its judgment to satisfy any judgment or judgments for damages resulting . against each driver or owner.” R.I.Gen.Laws § 31-31-5(a). This determination does not depend upon a finding of negligence, Velletri v. Lussier, 88 R.I. 352, 148 A.2d 360 (1959), and the Registry is required to make this determination upon [1205]*1205the basis of the reports or other information submitted. R.I.Gen.Laws § 31-31-5(b).

The vitality of Velletri v. Lussier is a matter of some doubt in light of the opinions of the United States Supreme Court in Bell v. Burson, 402 U.S. 535, 91 S.Ct. 1586, 29 L.Ed.2d 90 (1971) and Jennings v. Mahoney, 404 U.S. 25, 92 S.Ct. 180, 30 L.Ed.2d 146 (1971). Indeed, since Bell v. Burson, it has been the practice of the Registry to provide an administrative hearing at which the uninsured motorist is heard on the issue of whether there is a reasonable possibility of a judgment being rendered against him as a result of the accident. In Bell v. Burson, it was held that an uninsured motorist had a constitutional right to an inquiry, into fault or liability under the due process clause prior to the suspension of his license, that this due process requirement was satisfied by an inquiry to determine whether there is a reasonable possibility of judgments being rendered against the licensee, and that the inquiry need not take the form of a full adjudication of the question of liability. Jennings v. Mahoney held that a motorist had been afforded due process where the motorist was provided a judicial hearing at which he was afforded an opportunity to present evidence and cross-examine witnesses. However, the Supreme Court did not determine what essential elements were necessary to such a hearing, and merely stated, in accordance with Bell v. Burson, that the hearing to be provided must be “meaningful” and “appropriate to the case.” Jennings v. Mahoney, supra, at 26, 92 S.Ct. at 181. The Court has not further defined the incidents necessary to procedural due process in these circumstances.

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Bluebook (online)
492 F. Supp. 1203, 1980 U.S. Dist. LEXIS 11768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-petit-rid-1980.