Elizabeth Morel v. Stephen Napolitano, Alias in His Capacity as Treasurer for the City of Providence
2013 R.I. LEXIS 71
R.I.2013Background
- Morel operated a school bus on Fairview Street; a trench and temporary patch installed by Providence Water washed out after heavy rain, causing the front wheels of the bus to fall in.
- Morel sued the City of Providence; amended complaint added Stephen Napolitano, in his capacity as city treasurer, as a defendant.
- Trial in Superior Court (March 2010) resulted in a plaintiff verdict for Morel and a damages award of $59,239; costs awarded $5,738.45.
- The city challenged admission of medical affidavits under § 9-19-27 as not sworn under penalties of perjury; and sought to cross-examine Morel about workers’ compensation.
- The Supreme Court reviewed de novo statutory construction and held the affidavits met § 9-19-27 requirements despite not containing the exact words “under the penalties of perjury.”
- The Court affirmed the Superior Court judgment and held the collateral-source (workers’ compensation) evidence was properly excluded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of § 9-19-27 affidavits | Affidavits were sworn before a notary and thus valid despite phrasing. | Affidavits lacked the exact statutory phrase and should be excluded. | Affidavits admissible; § 9-19-27 satisfied. |
| Collateral-source evidence and workers’ compensation | Evidence should be admissible to show motives and recovery. | Collateral-source rule allows cross-examination to affect causation weight; compensation should be admitted. | Evidence excluded under collateral-source rule; no abuse of discretion. |
Key Cases Cited
- Scarborough v. Wright, 871 A.2d 937 (R.I. 2005) (affidavit validity and notarization requirements principle)
- In re Testa, 489 A.2d 331 (R.I. 1985) (oath/affidavit authenticity considerations)
- Bookbinder v. Rotondo, 109 R.I. 346 (R.I. 1972) (collateral-source rule and admissibility of benefits evidence)
- Capezza v. Hertz Equipment Rental Corp., 118 R.I. 1 (R.I. 1977) (use of collateral evidence to affect weight of testimony)
- Boscia v. Sharples, 860 A.2d 674 (R.I. 2004) (mechanism for admitting medical-record evidence via § 9-19-27)
- Van Daam, 604 A.2d 339 (R.I. 1992) (unsworn statements lack of affidavit requirements)
- Notarantonio v. Notarantonio, 941 A.2d 138 (R.I. 2008) (trial court discretion in evidentiary rulings)
- DiPetrillo v. Dow Chemical Co., 729 A.2d 677 (R.I. 1999) (general evidentiary discretion principles)