314 A.3d 963
R.I.2024Background
- Gail McCormick was injured on May 29, 2010, after losing control of her motorcycle on Wilbur Avenue, Cranston, allegedly due to unguarded manhole covers.
- McCormick sued several defendants, including Narragansett Improvement Company, Inc. (NICO), after learning NICO had a public works contract for repairs in the area.
- NICO was served on October 13, 2011 but failed to respond; a default was entered against it on November 18, 2011.
- Over a year later, NICO moved to vacate the default, citing internal miscommunication with its insurer; the trial judge vacated the default.
- A jury later found NICO not liable at a seven-day trial; McCormick's post-trial motion for a new trial was denied.
- On appeal, McCormick contested both the vacation of default and the denial of her new trial motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was it error to vacate NICO's default without adequate evidence excusing the delay? | No affidavit or evidence supported NICO's delay; court required more than counsel's statements. | Court properly relied on counsel's representations; resolved doubts in favor of party facing large damages. | Yes, hearing justice abused discretion by vacating default without factual attestation. |
| Did the trial court err in denying Plaintiff's motion for new trial? | Jury ignored instructions on duty of care and verdict contradicted the evidence. | Verdict and process were proper; no grounds for new trial. | Court did not reach this issue, as the vacatur of default was dispositive. |
Key Cases Cited
- Ferris v. Progressive Casualty Insurance Co., 263 A.3d 1247 (R.I. 2021) (statements of counsel not evidence for vacating default)
- Reyes v. Providence Place Group, L.L.C., 853 A.2d 1242 (R.I. 2004) (standard for vacating default and resolving doubts in large monetary cases)
- R.C. Associates v. Centex General Contractors, Inc., 810 A.2d 242 (R.I. 2002) (factors for setting aside default)
- Berberian v. Petit, 374 A.2d 791 (R.I. 1977) (good cause standard for vacating entry of default is flexible)
- Wood v. Ford, 525 A.2d 901 (R.I. 1987) (counsel's statements not evidence in vacating default context)