Rosario Turdo v. James Main

132 A.3d 670, 2016 R.I. LEXIS 27
CourtSupreme Court of Rhode Island
DecidedFebruary 18, 2016
Docket2014-150-Appeal
StatusPublished
Cited by5 cases

This text of 132 A.3d 670 (Rosario Turdo v. James Main) 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
Rosario Turdo v. James Main, 132 A.3d 670, 2016 R.I. LEXIS 27 (R.I. 2016).

Opinion

OPINION

Justice ROBINSON, for the Court.

Rosario Turdo, the plaintiff, appeals from a March 10, 2014 judgment following a- jury-waived .trial in the Washington County Superior Court. The trial justice entered judgment in favor of -James Main, the defendant, on the plaintiffs breach of contract claim and also entered judgment in favor of the defendant on his counterclaim for conversion. In addition, the plaintiff appeals from the May 5, 2014 denial of her motion for relief'from the March 10, 2014 Superior Court judgment, which motion invoked Rule 60(b) of the Superior Court Rules of Civil Procedure. This case came before the Supreme Court pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After a close review of the record and careful consideration of the parties’ arguments (both written and oral), we are satisfied that cause has not been shown and that this appeal may be decided at this timé. For the reasons set forth in this opinion, we affirm the judgment-of the Superior Court.

I

Facts and Travel

On July 12, 2011, plaintiff filed a complaint alleging that defendant was indebted to her in the amount of $17,840. She alleged that she had “an agreement in regard to said sum which was signed on December 17, 2009 by James Main, the [defendant.” . On July 29, 2011, 1 Mr. Main filed a response and a counterclaim for $12,050. On August 16, 2013, prior to trial, the parties agreed to a “Statement of Undisputed Facts.” The statement stipulated to the following facts: (1) the parties had been “involved in a ‘dating’/romantic relationship from 2007 to 2010;” (2) the parties entered into numerous agreements involving the exchange of funds and services; (3) plaintiff sold a truck to defendant for $11,000; (4) defendant made payments to plaintiff with respect to the truck; (5) plaintiff “had [defendant return [the] vehicle to her on or about February 21, 2010 after contacting the police department of Westerly, Rhode Island;” and (6) plaintiff sold the- truck in question for $10,000. In the same document the parties agreed that a contract signed by both parties on June 5, 2009 would be admitted as a full exhibit at trial. That handwritten contract reads,- in its entirety, as follows:

“Agreement between Rose Turdo [and] James Main
“Ref: 2004 GMC Sierra 4X4 Black Pickup
“VIN # 1GTHK29G74E292070
“Rose Turdo to remain owner until final payment received by 12-1-09 — $500.00 -received as down payment 6-5-09. $150.00 per week to be paid each Friday until $11,000 total received — First payment due 6-12-09.
“All repairs — parts—maintenance— expenses are the responsibility of James Main—
“Truck registration [and] Insurance [and] Title to remain under Rose Turdo with right to .use. Upon default the *673 truck remains the property of Rose Tur-do without any reimbursement.
“Title to be released with Lean [sic ] until previous debt of $10,000 paid in full by 7-1-2010.”

On August 27, 2013, a jury-waived trial was conducted. We relate below the salient aspects of what transpired at that trial.

A

The Testimony at Trial

1. The Testimony of Rosario Turdo

Rosario Turdo testified at trial that she began dating Mr. Main in April of 2007. She testified regarding a ledger she kept which reflected monies owed to her by Mr. Main and payments made to her by Mr.. Main. It was Ms. Turdo’s testimony on direct examination that she did not receive any payments from Mr. Main on the loan reflected in the above-referenced June 5, 2009 contract after November 9, 2009. She also testified that she had to have repairs costing $2,038.86 done on the truck before its sale; she added that Mr. Main’s- use of the truck for the purpose of towing certain items caused some of the damage which she had subsequently caused to be repaired.

On cross-examination, Ms. Turdo testified that Mr. Main did not pay under the June 5, 2009 contract “for any period of time.” She was then specifically confronted with the fact that she had just testified that Mr. Main made no payments on-the June 5, 2009 contract whereas her ledger reflected payments at least until December 3, 2009. She then conceded that Mr. Main did make payments under the June 5, 2009 contract and that, contrary to what she testified to on direct examination, 'he made regular payments up until December 11, 2009. She added that Mr. Main did pay her $1,600 after December 11, 2009, but she stated that said payment was not “another payment” on the contract at issue but rather was related to a visit made by his parents at which time they stayed at her home. She admitted during cross-examination that that payment was not rer corded on her ledger, which ledger she testified had ended before that point in time due to a new agreement between the parties on December 17, 2009. She went on to testify that, in addition to the $1,600 which Mr. Main paid her in December of 2009, he also assigned to her a debt' of $800 from one “Ed Alore.” It was her testimony that Mr. Main- did not make any payments after the purported new agreement of December 17,2009. :

On cross-examination, Ms. Turdo went on to testify that she told Mr. Main that she wanted the truck back on January 18, 2010. She conceded that in February she went to the Westerly Police Department with respect to the truck because “[Mr. Main] was driving my truck under my registration, , and my insurance, without my permission.” She was asked if she’ told Mr. Main to return the truck “or [she] would pursue criminal charges,” and she replied in the affirmative. She was then asked whether she knew that Mr. Main was on probation, and she again replied in the affirmative. She denied that Mr. Main had offered to pay the debt he owed her in full in February of , 2010, and she stated that he returned the truck on “February 26thish.”

When questioned during her surrebuttal testimony, Ms. Turdo was asked: “[Y]ou also told [Mr. Main] if‘he didn’t give [the truck] back, you were going to say it was stolen?” She replied that she considered it to be stolen at that point. She was then asked: “You were basically threatening him?” Ms. Turdo’s reply was: “I wanted my truck back. Yes, I wanted my truck.”

*674 2. The Testimony of James Main

■' James Main testified that it was his belief that he did not owe Ms; Turdo any money. He stated that Ms. Turdo wanted to enter into a new agreement on December 17, 2009 but that he refused to sign the new agreement. He also testified that Ms. Turdo intended to repossess the truck that day if he did not pay her $2,400. It was his understanding that the $1,600 he then paid ’ her and the . $800 debt which he agreed to assign to her were related to his debt for the truck. It was his further testimony that he also commenced paying $200 a week. He added that he paid that $200 a week up until the. time when Ms. Turdo repossessed the truck.

Mr.

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Bluebook (online)
132 A.3d 670, 2016 R.I. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosario-turdo-v-james-main-ri-2016.