331 A.3d 984
R.I.2025Background
- Alexandria Kazarian was injured in a trip-and-fall accident on April 15, 2016, after stepping on an unsecured gas cap while walking in the street, allegedly because a car blocked the sidewalk abutting property owned by Ms. Swiney.
- Ms. Swiney (defendant's insured), was initially named defendant; after her death, New London County Mutual Insurance Company was substituted as defendant.
- Plaintiff argued that Swiney, by allowing a friend (Ms. Gioielli) to park on the sidewalk in violation of city ordinances, created the conditions leading to her fall.
- At trial, factual disputes arose regarding whether the sidewalk was blocked, the timing and circumstances of the accident, and the credibility of plaintiff's photographic evidence.
- The jury returned a verdict for the defendant, and the trial justice denied plaintiff’s motions for judgment as a matter of law and for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judgment as a Matter of Law | Swiney knew the car blocked sidewalk; violation = negligence | Could reasonably dispute if sidewalk was blocked/necessary | Denied; factual disputes for jury |
| New Trial (Golden Rule Violation) | Defense closing improperly asked jury to empathize with defendant | No timely objection; not proper for plenary review | Denied; issue waived, not preserved |
| New Trial (Grass Growth Theory) | Defense speculated on photos based on shrubbery differences | Permissible argument; not objected to | Denied; issue waived, not preserved |
| Jury Instruction about Redacted Transcript | Use of "redacted" misled jury, prejudicial | No specific harm or authority cited, no objection | Denied; issue waived, not preserved |
Key Cases Cited
- Dextraze v. Bernard, 253 A.3d 411 (R.I. 2021) (sets forth standard for judgment as a matter of law and new trial motions)
- Gianquitti v. Atwood Medical Associates, Ltd., 973 A.2d 580 (R.I. 2009) (addresses evaluation of evidence for judgment as a matter of law)
- Peloso v. Imperatore, 264 A.2d 901 (R.I. 1970) (misconduct of counsel must be timely objected to for appellate review)
- Zarembka v. Whelan, 176 A.3d 485 (R.I. 2018) (deference to trial justice’s denial of a new trial)
- Brey v. Rosenfeld, 48 A.2d 177 (R.I. 1946) (reasonableness and necessity of obstruction as factual questions)