Salmeron v. Nava

694 A.2d 709, 1997 R.I. LEXIS 186
CourtSupreme Court of Rhode Island
DecidedJune 6, 1997
DocketNo. 95-504-Appeal
StatusPublished

This text of 694 A.2d 709 (Salmeron v. Nava) 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
Salmeron v. Nava, 694 A.2d 709, 1997 R.I. LEXIS 186 (R.I. 1997).

Opinion

OPINION

PER CURIAM.

This case came before a hearing panel of this Court for oral argument on November 19, 1996, pursuant to an order that directed both parties to appear and show cause why the issues raised by the plaintiffs appeal from the entry of summary judgment in favor of the defendant in the Superior Court should not be summarily decided.

After hearing the arguments of counsel and considering the memoranda submitted by the parties, we are of the opinion that cause has not been shown. The issues raised in the appeal will be decided at this time.

The relationship between defendant, Felix Nava (Nava), and plaintiff, Jesus Salmerón (Salmerón), was not a typical friendship based on common activities and mutual interests. Nava was instrumental in Salmeron’s coming to the United States from Mexico. Nava sent money to Salmerón to provide for his transportation and entry costs into this country. He allowed Salmerón to live with him and his wife on the first floor of Nava’s three-story tenement house in Providence. Nava secured employment for Salmerón in the same place where he himself worked. In fact, Nava was Salmeron’s supervisor at work. Additionally, when Salmerón expressed an interest in renting the second-floor apartment in Nava’s house, Nava agreed. However, Nava told Salmerón that the apartment was in need of repairs and that because of his lack of funds, he planned on making the repairs only one room at a time, primarily on weekends, with the help of his family and friends. Salmerón agreed to rent the apartment, notwithstanding its need for repairs. Salmerón paid Nava rent in the amount of $175 per month.

From time to time, Salmerón would volunteer to assist Nava in the renovation and repair work of his apartment. According to Nava’s affidavit, although he never requested Salmeron’s help, Salmerón voluntarily offered to do so. Salmerón was never paid for his work.

On the morning of the day on which the injury in question occurred, Nava’s son asked Salmerón if he was going to help Nava’s father do repair and renovation work that day. Salmerón said he was, and did. Sometime during the course of the work, Nava’s father asked Salmerón to cut a piece of wood on a table saw that Nava had borrowed from his brother. The table saw, which Nava had earlier placed in the apartment Salmerón was renting, did not have a protective blade cover. While Salmerón was cutting the piece of wood as requested by Nava’s father, he accidentally caught his hand in the machine, resulting in the partial loss of two fingers. At the time of the incident, Nava was not assisting in the renovation and repair work, and therefore, he was not present when the injury occurred.

Salmerón filed a civil action against Nava for the damages arising from the injuries he sustained as a result of Nava’s allegedly negligent maintenance of the saw. Nava filed a motion for summary judgment, which the trial justice granted. After entry of summary judgment Salmerón appealed.

Nava asserts that his summary judgment motion was properly granted because the undisputed facts demonstrated that Nava and Salmerón were engaged in a common or joint enterprise that, according to the rule set forth in Farrar v. Edgewood Yacht Club, 111 R.I. 376, 302 A.2d 782 (1973), would preclude recovery by Salmerón. Additionally, Nava argues that even without a finding of a common or joint enterprise, the entry of summary judgment in his favor was proper because Nava owed no duty of care to Sal-merón. Furthermore, Nava posits that summary judgment was proper, based on Salmeron’s assumption of the risk of being injured, even if there existed a common or joint enterprise. We conclude that Nava’s position is entirely without merit and that Nava’s motion for summary judgment was erroneously granted.

[712]*712There clearly was no common or joint enterprise undertaken by the parties.

“[T]he term ‘common’ or ‘joint’ enterprise means an association of two or more persons in the. pursuit of a common purpose under such circumstances that each has the authority, express or implied, to act for all in respect to the control of the means or agencies employed to execute such common purpose; as a result of which the negligence of one participant may be imputed to another so as to bar recovery against a negligent defendant.” Farrar., 111 R.I. at 380, 302 A.2d at 784.

The undisputed facts in this case fail to demonstrate that Salmerón had either a joint purpose with Nava or equal authority to execute a common purpose. Nava owned the house in which Salmeron’s apartment was located, and Nava had explained to Salmerón that the apartment would be repaired according to Nava’s own schedule and financial abilities. In addition Nava told Salmerón that the repairs would be made one room at a time, primarily on weekends, with the repair work being performed by Nava’s friends and family. Salmerón nonetheless wanted to rent and live in the apartment despite its state of disrepair. Although Salmerón occasionally assisted in the repairs, there was no evidence before the trial justice that raised any inference that he did so because he wished to accomplish the same common objective as Nava, namely, repair of Nava’s property. In fact, the ease records suggest that Salmerón only took part in the renovations either because he felt indebted to Nava for the help Nava had provided in Salmeron’s relocation to the United States or because he was simply doing Nava a favor. Thus, Sal-meron’s purpose in participating in the renovation project was entirely different from Nava’s purpose in renovating the apartment, thereby negating any finding of a common or joint purpose.

Furthermore, there is no evidence in the ease file record from which the hearing justice could conclude that Salmerón shared equal authority with Nava over the means or agencies employed in repairing Nava’s apartment that had been rented by Salmerón. As a person completely indebted to Nava for both his existence, employment and housing in America, Salmerón was certainly not in a position to question the means or methods employed by Nava in executing the repairs that were being done to Nava’s house. That fact was made clear from Nava’s concession in his affidavit that he “told” Salmerón “that [he] would fix the apartment one room at a time while [Salmerón] was living there.” In that same affidavit, Nava described how, on the day of the incident, he was putting up sheet rock and wallboard. Nava never mentioned in that affidavit or elsewhere that Salmerón had any input whatsoever in the decisions made regarding the means or methods employed in repairing the apartment. In fact, to the contrary, all of the case file evidence suggested that those decisions were made exclusively by Nava. Consequently, the undisputed facts militate against any finding of a joint enterprise.

Because we conclude that there were insufficient facts to support the finding of a joint enterprise, we must now examine whether there were sufficient facts before the trial justice to support a finding by him that Nava owed Salmerón any duty of care. We conclude that sufficient facts did exist.

“In Rhode Island ‘negligence is the breach of a duty, the existence of which is a question of law.’ Barratt v. Burlingham, 492 A.2d 1219, 1222 (R.I.1985).

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Related

Ferreira v. Strack
652 A.2d 965 (Supreme Court of Rhode Island, 1995)
Barratt v. Burlingham
492 A.2d 1219 (Supreme Court of Rhode Island, 1985)
Banks v. Bowen's Landing Corp.
522 A.2d 1222 (Supreme Court of Rhode Island, 1987)
Rickey v. Boden
421 A.2d 539 (Supreme Court of Rhode Island, 1980)
Farrar v. Edgewood Yacht Club
302 A.2d 782 (Supreme Court of Rhode Island, 1973)

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Bluebook (online)
694 A.2d 709, 1997 R.I. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salmeron-v-nava-ri-1997.