Kimberly S. Phelps v. Gregory Hebert
93 A.3d 942
| R.I. | 2014Background
- Rhode Island Supreme Court case No. 2012-315-Appeal arises from negligence and wrongful death claims following an ATV crash at a graduation party hosted by the Pelletiers in Coventry.
- Ashley R. Phelps died nine days after being ejected from an ATV driven by a guest, Hebert, at the Pelletiers’ party.
- Plaintiffs allege the Pelletiers owed a duty of care to provide a safe environment for guests and breached by allowing a dangerous instrumentality on the premises.
- Pelletiers moved for summary judgment arguing no duty under social host or premises liability principles.
- Superior Court granted summary judgment for Pelletiers; plaintiffs appealed.
- Rhode Island Supreme Court affirms, holding no duty existed under the facts and that imposing such a duty would be contrary to public policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pelletiers owed Ashley a duty of care. | Phelps argues premises or social-host duty. | Pelletiers contend no duty beyond general premises duty. | No duty found; no premises/social-host duty under facts. |
| Whether landowners can be liable for third-party actions off premises when dangerous activity exists on property. | Volpe-type duty should apply; owner-control capable. | No control or foreseeability; not liable. | No such duty in this case; no liability. |
| Whether extending a duty here would be contrary to public policy. | Premises duty to prevent harm to guests. | Imposing broad duty fosters over-liability. | Duty not created; policy concerns favor rejection. |
Key Cases Cited
- Volpe v. Gallagher, 821 A.2d 699 (R.I. 2003) (duty to prevent harm outside premises when owner can control activities on land)
- Martin v. Arnone, 871 A.2d 914 (R.I. 2005) (special relationship exception to no-duty rule for third-party harm)
- Banks v. Bowen’s Landing Corp., 522 A.2d 1222 (R.I. 1987) (duty considerations in premises-related cases)
- Brown v. Stanley, 84 A.3d 1157 (R.I. 2014) (duty existence is a question of law)
- Wyso v. Full Moon Tide, LLC, 78 A.3d 747 (R.I. 2013) (premises liability duty; control of premises)
- Mead v. Papa Razzi Restaurant, 840 A.2d 1103 (R.I. 2004) (premises liability duty to protect against dangerous conditions)
- Ferreira v. Strack, 636 A.2d 682 (R.I. 1994) (duty analysis for premises conditions)