Stephanie Flynn v. Nickerson Community Center

177 A.3d 468
CourtSupreme Court of Rhode Island
DecidedFebruary 5, 2018
Docket2016-114-Appeal (PC 13-4669)
StatusPublished
Cited by8 cases

This text of 177 A.3d 468 (Stephanie Flynn v. Nickerson Community Center) 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
Stephanie Flynn v. Nickerson Community Center, 177 A.3d 468 (R.I. 2018).

Opinion

OPINION

Justice Indeglia,

for the Court.

The plaintiffs, Stephanie Flynn and Louis Silva, individually and in their capacity as co-administrators of the Estate of Alexis Silva (Alexis), and Stephanie Flynn (Flynn) and Dennis Coelho, individually and as parents, natural guardians, and next friends of Nevaeha Coelho 1 (Neva-eha) (collectively plaintiffs), appeal from the Providence County Superior Court hearing justice’s grant of summary judgment in favor of the defendant, Nickerson Community Center (Nickerson or defendant). This appeal arises from- a tragically fatal ear accident in Providence caused by a juvenile after he stole a van from Nicker-son’s premises. The plaintiffs subsequently brought a negligence action against Nick-erson. After a summary judgment hearing, the hearing justice granted the defendant’s motion on the grounds that the defendant did not owe a duty to the plaintiffs. On appeal, the plaintiffs argue that genuine issues of material fact remain in dispute, and therefore the hearing justice erred in concluding that the defendant did not owe a duty to the plaintiffs. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.

I

Facts and Travel

On September 25, 2010, a fourteen-year-old boy stole a red transport van — emblazoned with “Nickerson Community Center” on its side — and took it for a joyride, hitting a car on Mantón Avenue in Providence and fleeing the scene in thé vehicle. Next, attempting to evade police, the juvenile sped onto Route 10 heading southbound, by way of Westminster Street. The juvenile drove faster, headed toward Union Avenue, striking a black Honda. The van then crossed over into the northbound side of the expressway, colliding with a silver Nissan.

Flynn was driving the silver Nissan, and three passengers were in the car, including her two minor daughters, Nevaeha and Alexis. After the vehicle was hit by the red van, Alexis sustained fatal injuries, and Flynn and Nevaeha were transported to the hospital with severe injuries.

Later that day, Providence police officers responded to a report of a breaking and entering at Nickerson, which is a nonprofit organization located in the Olneyville section of Providence. The organization provides social services to residents in the area, including day care, after-school programs, and services for veterans; the building also houses a food pantry and clothing donation center. At the time of the break-in, Nickerson was closed for the weekend.

When the police officers arrived at the property, a Nickerson employee, Kingray Rojas, met them. Rojas told the police that a rear window screen had been broken and an individual had entered the building. Rojas stated that the person had gone into an office and rummaged through a cabinet that had been left open. Additionally, Rojas told police, the thief had taken the keys to the van that were stored on a hook on a closet door and had stolen the van, later identified as the red van involved in the Route 10 accident. The juvenile was subsequently charged in the Family Court.

On September 18, 2013, plaintiffs filed a complaint alleging negligence in- Providence County Superior Court against Nickerson and Aetna Bridge Company. 2 The plaintiffs contended that Nickerson owed a duty of care to them and that it breached its duty by failing to secure the van’s keys. Nickerson filed a third-party complaint against the juvenile for indemnity.

On July 9, 2015, Nickerson filed a motion for summary judgment, arguing that it did not owe a duty to plaintiffs because it did not have a special relationship either with plaintiffs or with the juvenile who stole the van and caused the accident. In support of its motion, Nickerson submitted, inter alia, an affidavit from Lisa D’Ambra, the then-President of Nicker-son’s Board of Directors and acting Executive Director at the time of the 2010 incident. In the affidavit, D’Ambra stated that Nickerson had been closed during the September break-in and that the juvenile had gained access to the building by breaking a window screen and “forc[ing] open a window.” The affidavit also described Nicker-son employees’ observations of the building after the break-in as “ransacked” in, areas. Further, D’Ambra attested to .the fact that the van keys were always kept in a closet in Nickerson’s reception area when they were not being used. She also stated that no Nickerson-owned vehicle had ever been stolen prior to this incident. 3

In response, plaintiffs submitted their opposition to Nickerson’s motion for summary judgment, supporting it with various exhibits, including two conflicting statements from the juvenile: one statement that he had made to a Rhode Island State Police detective shortly after the accident, and one statement that he had. made to a Department of Children, 'Youth and Families (DCYF) social worker more than a month after the accident, neither of which was a sworn statement. In his interview with the detective, the juvenile said that an unidentified Nickerson employee had told him where the van keys were located inside the building. Then, when the juvenile was assessed by the social worker as part of a court evaluation, he contended that he had seen the keys in the van’s ignition, prompting him to steal it.

The plaintiffs also attached to their objection numerous police reports evidencing unrelated criminal activity at the Nicker-son property. The plaintiffs argued that this documentation of rampant crime, particularly break-ins at -Nickerson and . reports of vehicles broken into and stolen from Nickerson’s premises gave Nickerson notice that the theft of the van and subsequent fatal motor vehicle accident were possible. Additionally, plaintiffs submitted that the deposition of Mario Cabral, a Nickerson employee for sixteen years, revealed that, prior to this incident, Nicker-son vans had been vandalized, including broken windows and stolen license plates.

Furthermore, plaintiffs provided evidence of Nickerson’s security protocols in an attempt to demonstrate that, had those policies been followed, there would have been no way for the juvenile to access the keys. For example, in a witness statement to police, Betty Ann Palmisciano, a board member at Nickerson, explained that the van keys were stored in the reception area of the building in “a closet with a lock box.” 4 In her deposition, D’Ambra also described this policy, stating that the reception area itself was also locked at the end of the night, in an effort to prevent th'e keys from ending up with the wrong person. =.

On February 23, 2016, the hearing justice heard arguments on defendant’s motion for summary judgment, and he ultimately granted the motion. The hearing justice highlighted the parties’ different versions of events that purportedly occurred on the day of the accident. The defendant, the hearing justice acknowledged, maintained that the building was locked on the day in question and that th¿ juvenile broke in and stole the van keys from a closet located in an “employee’s [sic] only” area.

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177 A.3d 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephanie-flynn-v-nickerson-community-center-ri-2018.