Sabourin ex rel. Sabourin v. LBC, Inc.

731 F. Supp. 1151, 1990 U.S. Dist. LEXIS 1796, 1990 WL 19871
CourtDistrict Court, D. Rhode Island
DecidedFebruary 22, 1990
DocketCiv. A. No. 89-0028 L
StatusPublished

This text of 731 F. Supp. 1151 (Sabourin ex rel. Sabourin v. LBC, Inc.) 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
Sabourin ex rel. Sabourin v. LBC, Inc., 731 F. Supp. 1151, 1990 U.S. Dist. LEXIS 1796, 1990 WL 19871 (D.R.I. 1990).

Opinion

MEMORANDUM AND ORDER

LAGUEUX, District Judge.

This matter is presently before the Court on the motion of all defendants for summary judgment on various Counts of the First Amended Complaint pursuant to Rule 56 of the Federal Rules of Civil Procedure.

The instant action arises as a result of a motor vehicle accident which occurred on August 31, 1987 and resulted in injury to the minor child, Derek Sabourin. At all times material to this action, Derek Sabou-rin and his brother, David Sabourin, Jr., were unemancipated minors under the legal custody of their mother, Christina Sa-bourin, pursuant to a divorce decree. Prior to the date of the accident, however, both parents had agreed to allow the boys to move into their father’s home in Jamestown, Rhode Island, and they had done so on August 30, 1987.

Defendant LBC, Inc. is a Massachusetts corporation engaged in the construction business. At the time this incident occurred, Derek’s father, David Sabourin, Sr., was employed by LBC as a construction superintendent. David Sabourin, Jr. also worked for LBC full-time as a general laborer. As part of his job, Mr. Sabourin, Sr. was allowed the use of a pickup truck owned by LBC. Mr. Sabourin testified by deposition that the vehicle was provided to him for transportation relative to what he had to do every day, including driving to and from work and completing work-related errands during the course of the day. David Sabourin, Jr. also had regular use of his father’s company owned pickup truck during the course of the working day.

At all times relevant to this matter, LBC had a written policy which stated that employees were to use company vehicles for business only, unless special permission had been granted by the President of LBC. The written policy also required that company owned vehicles were not to be used for personal reasons except at an “insignificant level of mileage.”

On the evening of August 31, 1987, David Sabourin, Jr. and his brother, Derek, requested permission from their father to return to their mother’s house to pick up the rest of their belongings. Mr. Sabourin gave David permission to drive the company owned pickup truck from his residence in Jamestown, Rhode Island to Christina Sabourin’s home in Greenville, Rhode Island. David Sabourin, Jr. was seventeen years old at this time and possessed a valid Rhode Island driver’s license. His father testified that he had driven with David at various times in the past and had no reason to believe that he was not capable of driving the truck on the night in question. Mr. Sabourin also stated at his deposition that his son appeared sober and was in no way visibly impaired. Upon arriving at their mother’s home, David and Derek engaged in some conversation and then gathered the [1153]*1153personal items for which they had come. Christina Sabourin stated in her deposition that both boys were sober and that neither showed any signs of impairment from drugs or alcohol. She also testified that she made no objection, nor did she make any effort to prevent David from driving away in the truck with his younger brother, Derek, as a passenger.

At approximately 10:50 p.m. on the date in question, the pickup truck owned by defendant, LBC, and being operated by David Sabourin, Jr., was found overturned on Interstate Route 295 South. David Sa-bourin, Jr. was pronounced dead as a result of that accident and Derek Sabourin suffered abrasions and a fractured wrist. After being hospitalized overnight, Derek treated on three occasions with Dr. Henry Litchman. The bills incurred as a result of his treatment with Dr. Litchman totalled $396.00.

In early November of 1987, defendant LBC received a letter from Attorney John Harwood stating that his law firm had been retained by Derek Sabourin relative to the personal injury he had sustained in the accident of August 31, 1987. Mr. Har-wood also requested that LBC forward his letter to its insurance carrier in order to facilitate further discussion in the case.

On March 16, 1988, Derek Sabourin, by and through his parent and natural guardian, David Sabourin, Sr. released any and all claims against defendant LBC and defendant Crum and Forster Commercial Insurance arising out of the motor vehicle accident of August 31, 1987. David Sabourin, Sr. executed the release on behalf of his son in consideration of the sum of $4500. David Sabourin, Sr. used the settlement proceeds to pay the attorney’s fees and the medical bills which were incurred on behalf of his son. Derek Sabourin received the remainder of the proceeds which totalled $2,500.00. In July of 1988, Derek moved back to his mother’s home. While living with his mother, Derek used $1,650.00 of the money he had received in settlement of his claim for personal injuries against defendants to purchase a car. His mother, Christina Sabourin, gave Derek permission to purchase the car and registered the vehicle in her own name.

Plaintiff, Christina Sabourin, brought this action individually and on behalf of her minor son, Derek Sabourin. In Counts I and II of her First Amended Complaint, plaintiff seeks to recover damages on behalf of Derek for the personal injuries he sustained in the motor vehicle accident of August 31, 1987. Plaintiff alleges that such accident was the direct and proximate result of the negligence of the agents, servants and employees of defendant LBC. Plaintiff also seeks recovery for her own physical and emotional suffering and for the medical expenses she incurred on behalf of Derek. Counts III, IV, V and VI of plaintiff’s First Amended Complaint all stem from Christina Sabourin’s contention that the release and settlement of Derek’s claims against defendants, executed by David Sabourin, Sr. on behalf of his son without plaintiff’s knowledge or consent, is void and was obtained in violation of her rights as the legal guardian with sole and exclusive custody of her minor son, Derek. Counts III and IV of the First Amended Complaint allege tortious interference with parental custody and tortious conversion respectively. Count V alleges that defendants entered into a civil conspiracy to deprive plaintiff of her parental custody rights and of the lawful possession, use and control over the rights of settlement for the personal injuries to Derek. Finally, in Count VI of the complaint, plaintiff alleges that defendants’ actions constituted unfair or deceptive acts or practices in the conduct of trade or commerce.

Defendants Crum and Forster Commercial Insurance and United States Fire Insurance Company seek summary judgment in their favor with respect to Counts I and II of the complaint on the basis that such an action is prohibited under Rhode Island law. The law provides that “[a]n injured party, or, in the event of that party’s death, the party entitled to sue therefor, in his or her suit against the insured, shall not join the insurer as a defendant.” R.I.Gen.Laws § 27-7-2 (1989). This Court agrees that neither insurance company is a [1154]*1154proper defendant in plaintiffs suit for damages resulting from the alleged negligence of LBC with respect to the motor vehicle accident of August 31, 1987. Plaintiff asserts that since Counts I and II of the complaint are directed only against defendant LBC the motion of the insurers for summary judgment on those counts is moot.

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Bluebook (online)
731 F. Supp. 1151, 1990 U.S. Dist. LEXIS 1796, 1990 WL 19871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sabourin-ex-rel-sabourin-v-lbc-inc-rid-1990.