Kris Ellinwood v. Scott B. Cohen
2014 R.I. LEXIS 34
| R.I. | 2014Background
- Ellinwood, a police patrolman directing traffic at a tree-cutting site on Roger Williams Ave, faced a busy roadway with a crane restricting lanes.
- Soares stopped in the southbound lane north of the crane; Cohen, driving south, could not see due to morning sun glare and collided with Soares’ vehicle.
- Ellinwood approached Cohen at the scene; Thornley, driving south, struck Cohen’s car due to glare, pinning Ellinwood and causing serious leg injuries.
- Ellinwood filed a negligence suit against Cohen alleging failure to warn of solar glare; Cohen moved for summary judgment invoking the public-safety officer’s rule.
- The Superior Court granted summary judgment in Cohen’s favor; the Rhode Island Supreme Court reviews de novo and affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the public-safety officer’s rule bars Ellinwood’s claim as a matter of law. | Ellinwood argues the risk was unforeseeable and not encompassed by the rule. | Cohen contends the rule applies because the risk arose in a roadside emergency. | Yes; the rule bars the claim as a matter of law. |
| Whether an exception for failure to warn of a hidden danger applies. | Cohen failed to warn about sun glare, creating an exception. | No duty to warn hidden or unknown dangers; rule remains intact. | No exception; rule applies and bars recovery. |
Key Cases Cited
- Higgins v. Rhode Island Hospital, 35 A.3d 919 (R.I. 2012) (public-safety officer’s rule applies to injuries at scene of emergency)
- Vierra, 619 A.2d 436 (R.I. 1993) (immunity for responders; policy rationale; scope of rule)
- Rinn v. Razee, 912 A.2d 939 (R.I. 2006) (rule scope; responders’ risk at scene)
- Day v. Caslowitz, 713 A.2d 758 (R.I. 1998) (no duty to warn for hidden hazards; scope of rule)
- Mignone v. Fieldcrest Mills, 556 A.2d 35 (R.I. 1989) (limits on duty to warn in exceptional cases; acknowledged dangers)