56 A.3d 92
R.I.2012Background
- Lomastro was a Durham School Services driver contracted to Johnston Public Schools.
- On Jan 18, 2008 she reported gunfire on a bus, causing panic among elementary students.
- Johnston’s school department found her actions improper and reprimanded her per its contract terms.
- Durham terminated Lomastro or she was removed from Johnston routes after the school department’s findings.
- Lomastro left Durham and sued Johnston officials for wrongful termination, arguing Johnston de facto employer control.
- Superior Court granted summary judgment for Johnston; it later denied Lomastro’s motion to amend; on appeal the Supreme Court vacated and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lomastro’s wrongful-termination claim survives absent an employer-employee relationship | Lomastro argues Johnston was her de facto employer; wrongful termination viable | There was no employer-employee relationship between Lomastro and Johnston | No, summary judgment affirmed on lack of employer-employee relation; court vacated to consider amendment |
| Whether the trial court abused its discretion in denying leave to amend to add tortious interference | Amendment should be freely granted to test merits | Denial was justified due to prejudice or strategic timing | Abuse of discretion; remanded for hearing on motion to amend and objections |
| Whether the amendment should be permitted under Rule 15(a) and Foman v. Davis standards | Rules favor liberality in amendments; should be allowed | Denial was permissible absent explicit justifications | Denial inadequate; need substantial justification (delay, prejudice, futility) not shown here |
Key Cases Cited
- Medeiros v. Cornwall, 911 A.2d 251 (R.I. 2006) (Rule 15(a) liberal amendment policy)
- Foman v. Davis, 371 U.S. 178 (U.S. 1962) (leave to amend freely granted when justice requires; reasons to deny must be substantial)
- Wachsberger v. Pepper, 583 A.2d 77 (R.I. 1990) (late amendments allowed absent substantial prejudice)
- Mikaelian v. Drug Abuse Unit, 501 A.2d 721 (R.I. 1985) (late amendment allowed case-by-case)
- Kuczer v. City of Woonsocket, 472 A.2d 300 (R.I. 1984) (amendments favored absent extreme prejudice)
- Ricard v. John Hancock Mutual Life Insurance Co., 113 R.I. 528, 324 A.2d 671 (R.I. 1974) (liberal amendment policy; leave freely given when justice requires)
- Harodite Industries, Inc. v. Warren Electric Corp., 24 A.3d 514 (R.I. 2011) (deference to trial court on amendment decisions)