Bonn v. Pepin
11 A.3d 76
R.I.2011Background
- Bonn was in a collision with Pepin on Cowesett Avenue on October 22, 2003; Pepin was found liable for the accident.
- Bonn claimed injuries and sued for damages; a Superior Court jury awarded $70,848 to Bonn.
- Pepin moved for a new trial on damages under Rule 59 or, in the alternative, for remittitur; the motion was denied.
- The Rhode Island Supreme Court ordered the parties to show cause why the issues should not be decided summarily; the court affirmed the Superior Court.
- Between 2003 and Bonn’s 2007 left-shoulder surgery, Bonn experienced three additional accidents, complicating causation.
- Medical testimony conflicted: Dr. Russo linked the 2003 crash to Bonn’s injuries; Dr. Alford connected a 2004–2007 shoulder pathology to the 2003 crash; Dr. Mariorenzi disputed causation and the extent of injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of the Rule 59 motion was proper. | Bonn asserts sufficient evidence supports proximate causation and damages. | Pepin contends the evidence does not support the damages or their causal link. | The trial court’s denial was proper; record supports causation and damages. |
| Whether the trial court properly acted as a superjuror in assessing damages. | Independent appraisal properly weighed credibility and evidence. | Trial court should not substitute its own view for the jury’s. | The trial court conducted a proper independent appraisal and weighed the evidence; no error. |
| Whether the expert testimony created sufficient record on causation. | Credible experts supported causation from the 2003 crash. | Defense experts undermine causation and scope of damages. | Record credibly supports the causal link and damages; no reversible error. |
Key Cases Cited
- Connor v. Schlemmer, 996 A.2d 98 (R.I.2010) (trial court acts as a superjuror on motions for new trial)
- Seddon v. Duke, 884 A.2d 413 (R.I.2005) (mem. opinion on standards for new trials)
- Kurczy v. St. Joseph Veterans Association, Inc., 713 A.2d 766 (R.I.1998) (independent appraisal required in new-trial rulings)
- Bourdon's, Inc. v. Ecin Industries, Inc., 704 A.2d 747 (R.I.1997) (circuit court review of evidentiary support for verdict)
- Reccko v. Criss Cadillac Co., 610 A.2d 542 (R.I.1992) (remittitur authority and excessiveness standard)
- Murray v. Bromley, 945 A.2d 330 (R.I.2008) (great weight given to trial court’s ruling on new trial)
- Candido v. University of Rhode Island, 880 A.2d 853 (R.I.2005) (causation and damages review standards)
- Zarrella v. Robinson, 460 A.2d 415 (R.I.1983) (remittitur standards; prejudice and passion of jury)