Mignone v. Fieldcrest Mills

556 A.2d 35, 1989 R.I. LEXIS 37, 1989 WL 23837
CourtSupreme Court of Rhode Island
DecidedMarch 15, 1989
Docket87-494-Appeal
StatusPublished
Cited by46 cases

This text of 556 A.2d 35 (Mignone v. Fieldcrest Mills) 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
Mignone v. Fieldcrest Mills, 556 A.2d 35, 1989 R.I. LEXIS 37, 1989 WL 23837 (R.I. 1989).

Opinion

OPINION

KELLEHER, Justice.

The plaintiff in this Superior Court civil action, Karen Mignone, is before us on an appeal challenging the grant of each of the defendants’ motions for summary judgment in this tort action in which the plaintiff seeks damages for injuries she sustained while in the performance of her duties as a firefighter employed by the town of Barrington. In late March 1986 the plaintiff filed a complaint in Providence County Superior Court against defendants Fieldcrest Mills and Halley Brothers Company. Subsequently she filed an amended complaint adding Margaret Hitchcock as a defendant. After lengthy discovery, Field-crest Mills, Halley Brothers Company, and Margaret Hitchcock all moved for summary judgment. The trial justice ruled that the plaintiff’s claims were, barred by the “firemen’s rule” and granted summary judgment for all three defendants. The plaintiff now appeals. Hereafter we shall refer to the litigants as Mignone, Field-crest, Halley, and Hitchcock.

The facts are undisputed. On March 31, 1983, Mignone, along with other members of the Barrington fire department, responded to a fire that took place at Hitchcock’s residence. According to Mignone, the fire was caused by a faulty electric blanket and fueled by flammable materials Hitchcock stored under her bed. Mignone claims that she was injured when she fell down a flight of. stairs while fighting the fire. The direct and actual cause of her fall is unknown. Shortly before her fall Mignone had walked up the stairs without incident and did not see any obvious safety hazards on the stairs. However, she was aware that there was water on the stairs and “thought that the floor was swishy.” On the way down the stairs, before her fall, she did not notice any defects or worn spots in the stair carpeting. When asked in her deposition what it was that caused her to fall down the stairs, Mignone responded, “I don’t know * * * I just fell. I believe that there was water everywhere, but I did not look at the stairs and I don’t remember particularly — I remember everything being soaked.”

Mignone’s complaint alleged that Field-crest negligently manufactured the blanket, breached warranties of fitness and merchantability flowing to Mignone, and was strictly liable, as the seller of the defective blanket, for all her consequential damages. She also lodges similar claims against Halley as the seller of the blanket. Finally Mignone claims that Hitchcock was liable because she negligently maintained *37 her premises in a dangerous and “unsafe condition,” which caused Mignone to fall down the stairs. The “unsafe condition,” according to Mignone, was the fact that Hitchcock had “bedding, and material stored under the bed which had it not been there, the fire would not have occurred.” Mignone does not contend that the stairs were defective or negligently maintained or that she was injured by the electric blanket itself. The essence of Mignone’s suit is her claim that she would not have fallen down the stairs and sustained an injury had there been no fire at the Hitchcock residence.

This is not a situation in which a firefighter has been injured directly by some defective condition or product on the premises. Simply stated, the issue before us is whether a firefighter may recover in a tort action for damages from either a negligent homeowner — or a manufacturer or seller of a defective product — for causing a fire but for which the firefighter would not have sustained an injury while in the discharge of his or her duties. The Superior Court justice, relying on the firefighter’s rule, 1 answered this question in the negative, cited Cook v. Demetrakas, 108 R.I. 397, 275 A.2d 919 (1971), and entered an order for summary judgment against Mignone. It is from this decision that Mignone now appeals.

Although an order for summary judgment is a drastic remedy and should be cautiously applied, the moving party is entitled to judgment as a matter of law when there is no issue of material fact and the law is in his or her favor. People's Trust Co. v. Searles, 486 A.2d 619, 620 (R.I.1985). On appeal we review the propriety of the summary-judgment order entered by the same standards as the trial justice, which review includes an examination of the pleadings and affidavits viewed in a light most favorable to the party opposing the motion. Rustigian v. Celona, 478 A.2d 187, 190 (R.I.1984).

With respect to Hitchcock, the homeowner, Mignone argues that the trial justice erroneously entered an order for summary judgment because the determination and application of the proper standard of care owing to her presents a material issue for the trier of fact. We do not agree. The existence and extent of a duty of care are questions of law, not fact, and only whether such duty has been breached and whether proximate cause exists are the questions for the factfinder. Federal Express Corp. v. State of Rhode Island Dept. of Transportation, 664 F.2d 830, 835 (1st Cir.1981).

Second, Mignone contends that Rhode Island judicial decisions and legislative action have abolished the firefighter’s rule in Rhode Island and that, therefore, the trial justice erred by relying on that rule in granting summary judgment. The so-called firefighter’s rule negates any liability to a firefighter by one whose negligence causes or contributes to the fire that in turn causes injury or death of the firefighter. Buchanan v. Prickett & Son, Inc., 203 Neb. 684, 687, 279 N.W.2d 855, 858 (1979). This rule of law is almost universally accepted across this nation. England v. Tasker, 129 N.H. 467, 529 A.2d 938, 939 (1987). Although not by name, Rhode Island has adhered to the principle of law that gave rise to the firefighter’s rule in that Rhode Island case law provides that a homeowner owes a limited duty to firefighters of not knowingly letting them run upon a hidden peril or not willfully causing him or her harm. See Cook, 108 R.I. at 402, 275 A.2d at 922; see also Beehler v. Daniels, Cornell & Co., 18 R.I. 563, 29 A. 6 (1894). Mignone recognizes the Rhode Island case law subscribing to this rule of law but points out that these cases *38 were premised on the traditional, and now antiquated, property concepts of entrant classifications. She argues that the rule is no longer valid in light of our decision in Mariorenzi v. Joseph DiPonte, Inc., 114 R.I. 294, 333 A.2d 127 (1975).

Mariorenzi was a wrongful-death action brought against the owner of a piece of real estate for the death of a five-year-old boy who drowned while playing on the defendant’s property.

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

Related

Untitled Case
D. Rhode Island, 2026
Kris Ellinwood v. Scott B. Cohen
87 A.3d 1054 (Supreme Court of Rhode Island, 2014)
McCain v. Town of North Providence Ex Rel. Lombardi
41 A.3d 239 (Supreme Court of Rhode Island, 2012)
Casale v. City of Cranston
40 A.3d 765 (Supreme Court of Rhode Island, 2012)
Higgins v. Rhode Island Hospital
35 A.3d 919 (Supreme Court of Rhode Island, 2012)
Sheehan v. THE NORTH AMERICAN MARKETING CORP.
610 F.3d 144 (First Circuit, 2010)
Martin v. Survivair Respirators, Inc.
298 S.W.3d 23 (Missouri Court of Appeals, 2009)
Rinn v. Razee
912 A.2d 939 (Supreme Court of Rhode Island, 2006)
Seide v. State
875 A.2d 1259 (Supreme Court of Rhode Island, 2005)
Fraioli v. Lemcke
328 F. Supp. 2d 250 (D. Rhode Island, 2004)
Walker v. Prignano
850 A.2d 954 (Supreme Court of Rhode Island, 2004)
DeLaire v. Kaskel
842 A.2d 1052 (Supreme Court of Rhode Island, 2004)
Farmer v. B & G Food Enterprises, Inc.
818 So. 2d 1154 (Mississippi Supreme Court, 2002)
Krajewski v. Bourque
782 A.2d 650 (Supreme Court of Rhode Island, 2001)
Pinter v. American Family Mut. Ins. Co.
2000 WI 75 (Wisconsin Supreme Court, 2000)
McKernan v. General Motors Corp.
3 P.3d 1261 (Supreme Court of Kansas, 2000)
Martellucci v. Federal Deposit Insurance
748 A.2d 829 (Supreme Court of Rhode Island, 2000)
Hopkins v. Medeiros
724 N.E.2d 336 (Massachusetts Appeals Court, 2000)
Anderson v. Hedstrom Corp.
76 F. Supp. 2d 422 (S.D. New York, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
556 A.2d 35, 1989 R.I. LEXIS 37, 1989 WL 23837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mignone-v-fieldcrest-mills-ri-1989.