Romano v. Allstate Insurance Co.

Supreme Court of Rhode Island

Romano v. Allstate Insurance Co.

638 A.2d 1056, 1994 R.I. LEXIS 62

CourtSupreme Court of Rhode Island

DecidedFebruary 24, 1994

DocketNo. 93-261-Appeal

StatusPublished

This text of 638 A.2d 1056 (Romano v. Allstate Insurance Co.) 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

Romano v. Allstate Insurance Co., 638 A.2d 1056, 1994 R.I. LEXIS 62 (R.I. 1994).

Pincite

Opinion

ORDER

This case came before a panel of the Supreme Court on February 15, 1994, pursuant to an order directing the plaintiffs to appear and to show cause why the issues raised in their appeal should not be summarily decided. The plaintiffs appealed the denial in Superior Court of their motion for a new trial and the entry of judgment in favor of Allstate Insurance Company.

The plaintiffs’ son, a minor, was injured while riding his bicycle in South Kingstown, Rhode Island. After hearing the arguments of counsel and reviewing the memoranda submitted by the parties, we are of the opinion that cause has not been shown.

With respect to the errors claimed by plaintiffs, we are of the opinion that there is no evidence that the trial justice abused her discretion or was clearly wrong regarding the granting of a motion to view the scene of the accident, which is entirely discretionary with the court, or determining the relevancy of proffered information or testimony. State v. Austin, 462 A.2d 359, 367 (R.I.1983). The trial justice gave a series of standard instructions about general rules governing bicycles and motorized vehicles, and was not clearly in error in so doing. The trial justice correctly denied the motion for a new trial in light of her charge to the jury, the weight of the evidence, and the credibility of witnesses. International Depository, Inc. v. State, 603 A.2d 1119, 1123 (R.I.1992).

The plaintiffs’ appeal is therefore denied and dismissed, and the judgment appealed from is affirmed.

WEISBERGER, Acting C.J., did not participate.

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

ORDER

This case came before a panel of the Supreme Court on February 15, 1994, pursuant to an order directing the plaintiffs to appear and to show cause why the issues raised in their appeal should not be summarily decided. The plaintiffs appealed the denial in Superior Court of their motion for a new trial and the entry of judgment in favor of Allstate Insurance Company.

The plaintiffs’ son, a minor, was injured while riding his bicycle in South Kingstown, Rhode Island. After hearing the arguments of counsel and reviewing the memoranda submitted by the parties, we are of the opinion that cause has not been shown.

With respect to the errors claimed by plaintiffs, we are of the opinion that there is no evidence that the trial justice abused her discretion or was clearly wrong regarding the granting of a motion to view the scene of the accident, which is entirely discretionary with the court, or determining the relevancy of proffered information or testimony. State v. Austin, 462 A.2d 359, 367 (R.I.1983). The trial justice gave a series of standard instructions about general rules governing bicycles and motorized vehicles, and was not clearly in error in so doing. The trial justice correctly denied the motion for a new trial in light of her charge to the jury, the weight of the evidence, and the credibility of witnesses. International Depository, Inc. v. State, 603 A.2d 1119, 1123 (R.I.1992).

The plaintiffs’ appeal is therefore denied and dismissed, and the judgment appealed from is affirmed.

WEISBERGER, Acting C.J., did not participate.

Cite This Page — Counsel Stack

Bluebook (online)

638 A.2d 1056, 1994 R.I. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romano-v-allstate-insurance-co-ri-1994.

Opinion

Related

Cite This Page — Counsel Stack