Votolato v. Merandi

747 A.2d 455, 2000 R.I. LEXIS 63, 2000 WL 288092
CourtSupreme Court of Rhode Island
DecidedMarch 17, 2000
DocketNo. 98-197-Appeal
StatusPublished
Cited by43 cases

This text of 747 A.2d 455 (Votolato v. Merandi) 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
Votolato v. Merandi, 747 A.2d 455, 2000 R.I. LEXIS 63, 2000 WL 288092 (R.I. 2000).

Opinion

OPINION

BOURCIER, Justice.

In this appeal we review the granting of a motion for new trial by a trial justice because of an alleged error of law committed by him during trial.

I

Case Facts and Travel

The plaintiff, Mary Ann Votolato (Voto-lato) individually, and as the administratrix of the estate of her daughter, Cherie M. Tavares (Tavares), had sued the City of Providence (the city), and one of its police officers, William Merandi (Merandi), for negligence and resulting damages arising from an automobile collision involving a vehicle in which Tavares, aged sixteen, was a passenger, and a police vehicle being operated by Merandi. At the time of the collision, shortly after 6 p.m. on October 4, 1994, Merandi was responding to a call for assistance from another Providence police officer. In responding to that call, Meran-di, operating his police vehicle, was traveling north on Francis Street in Providence, which at the time was heavily congested with traffic, while Candace Parillo (Parillo) was driving a Chevrolet Blazer sport utility vehicle traveling east toward the intersection of Francis Street and Memorial Boulevard. Parillo had just exited the Route 6 and Route 10 interchange ramp. Both vehicles entered the intersection of Francis Street and Memorial Boulevard at about the same time, and Merandi’s police cruiser struck the right rear passenger side of the Blazer. The Blazer flipped over several times and a back-seat passenger, young Tavares, was partially ejected from the vehicle and suffered massive injuries to her head and torso. She was later pronounced dead at Rhode Island Hospital.

On July 7, 1995, Votolato, Tavares’s mother, suing for herself, as well as in her capacity as the administratrix of her daughter’s estate, filed the instant civil action, naming as defendants the city, Merandi, the Westin Hotel, General Motors, Setina Manufacturing and Marshall Contractors. Her civil action complaint alleged negligence on the part of Merandi, the city, the Westin Hotel and Marshall Contractors; negligence, breach of implied warranty of merchantability and breach of implied warranty of fitness on the part of General Motors, maker of Merandi’s police cruiser; and negligence, breach of implied warranty of fitness and strict products liability on the part of Setina Manufacturing, maker of the “push bar” mounted on the front portion of Merandi’s police cruiser. Summary judgment ultimately was granted to all defendants, except Merandi and the city.

Following a jury trial in January 1998, the jury returned a verdict for the defen[459]*459dants, Merandi and the city, and against the plaintiff. Pursuant to Rule 59 of the Superior Court Rules of Civil Procedure, the plaintiff moved for a new trial, arguing inter alia, that the trial justice had erred in allowing evidence concerning a $95,000 settlement that had been reached between the plaintiff and the insurance carrier for Parillo, the driver of the Blazer involved in the collision.1 The trial justice rejected all the grounds asserted by the plaintiff in her motion for a new trial, except with respect to an assertion of prejudice caused by the admission of the $95,000 settlement. On that assertion, the trial justice concluded that his cautionary instructions to the trial jury to disregard the evidence of the settlement had been inadequate to eradicate the prejudice caused by admission of the settlement amount and “that the Court did commit an error of law in permitting the evidence to be entered.” Accordingly, citing Marcello v. K-Mart Corp., 712 A.2d 882 (R.I.1998) (order), he granted the plaintiffs motion for a new trial pursuant to Rule 59(a)(1). The defendants timely appealed to this Court.

In their appellate submissions, the defendants claim that the trial justice erred in granting the new trial because he committed an error of law at trial. They contend that this Court should adopt and apply a de novo standard of review in considering the trial justice’s grant of the new trial. Under such a de novo review, the defendants assert, this Court should then conclude that the trial justice erred in determining that his admission of the evidence of the $95,000 settlement agreement was an error of law. They argue that the settlement evidence was properly admitted to secure the necessary offset of the $95,-000 against any potential jury award in favor of the plaintiff, or alternatively, was admissible for purposes of impeachment and to show bias.2 Finally, the defendants assert that even if the admission of the settlement did constitute error, such an error was readily cured by the trial justice’s cautionary instructions to the jury and constitutes harmless error. We address now those appellate contentions.

II

The Standard of Review

The defendants first assert that a motion for a new trial granted pursuant to amended Rule 59(a)(1) must be reviewed de novo, as opposed to our historically more deferential standard of review applied to a trial justice’s decision to grant or deny a motion for a new trial.

Rule 59, as amended, provides that:

“(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for error of law occurring at the trial or for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of this state.” (Emphasis added.)

Traditionally, in our review of a trial justice’s decision to grant or deny a new trial, we have held, “that if a trial justice reviews the evidence, comments on the weight of the evidence and the credibility of the witnesses, and exercises his [or her] independent judgment, his [or her] determination either granting or denying a motion for new trial will not be disturbed unless he [or she] has overlooked or misconceived material and relevant evidence or was otherwise clearly wrong.” Kurczy v. St. Joseph Veterans Association, Inc., [460]*460713 A.2d 766, 770 (R.I.1998) (quoting Pantalone v. Advanced Energy Delivery Systems, Inc., 694 A2d 1213, 1216 (R.I.1997)).

However, we are cognizant of the 1995 amendment to Rule 59 that significantly expanded the traditional grounds for the grant of a new trial and served to conform our rule to its federal counterpart. This rule posits that “[a]ny error of law, if prejudicial, is a good ground for a new trial.” 11 Charles Alan Wright, Arthur R. Miller and Mary Kay Kane, Federal Practice and Procedure : Civil 2d § 2805 at 55 (1995). We also note “that federal-court interpretations of a procedural rule that is substantially similar to one of our own state rules of civil procedure should serve as a guide to the construction of our own rule.” Hall v. Insurance Co. of North America, 727 A.2d 667, 669 (R.I.1999).

Thus, we begin our analysis by observing that the United States Supreme Court has addressed the standard for review of an alleged error of law occurring at trial, stating that “[a] district court by definition abuses its discretion when it makes an error of law.” Koon v. United States, 518 U.S. 81, 100, 116 S.Ct. 2035, 2047, 135 L.Ed.2d 392, 414 (1996) (citing Cooter & Gell v. Hartmarx Corp.,

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Cite This Page — Counsel Stack

Bluebook (online)
747 A.2d 455, 2000 R.I. LEXIS 63, 2000 WL 288092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/votolato-v-merandi-ri-2000.