Nelson Cruz v. DaimlerChrysler Motors Corp.
66 A.3d 446
R.I.2013Background
- Cruzs sued DaimlerChrysler and Ricky Smith for airbags deploying in a stationary 1996 Grand Caravan; Cruz purchased the vehicle from Ricky Smith and allegedly was told it had no accident history.
- Plaintiffs amended to add a res ipsa loquitur claim; defendants moved for summary judgment on all counts.
- DaimlerChrysler’s bankruptcy led to dismissal of its claims; Ricky Smith moved for summary judgment on negligence, misrepresentation, and spoliation issues.
- Superior Court granted summary judgment on all counts for Ricky Smith after finding no evidence of negligence or misrepresentation.
- Plaintiffs appealed, arguing res ipsa loquitur should apply and misrepresentation lacked adequate proof of falsity.
- Court ultimately affirmed, holding res ipsa loquitur does not apply and negligent misrepresentation fails for lack of evidence the statements were false at sale.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Res ipsa loquitur applicability | Cruz argued airbags deployed due to defect not caused by plaintiff. | Smith argued lack of exclusive control and other causes prevent inference of negligence. | Res ipsa loquitur not applicable; other causes not eliminated. |
| Negligent misrepresentation viability | Statements about vehicle safety and accident history were false or misleading. | No evidence that statements were false when made; no misrepresentation proven. | No genuine issue of material fact; misrepresentation claims dismissed. |
Key Cases Cited
- Parrillo v. Giroux Co., 426 A.2d 1313 (R.I. 1981) (adopts Restatement § 328D on res ipsa loquitur; focus on defendant’s role as responsible cause)
- Restatement (Second) of Torts § 328D, Restatement (Second) Torts § 328D(1) (-) (provides inference of negligence when event not due to negligence, others eliminated, and duty exists)
- Manchester v. Pereira, 926 A.2d 1005 (R.I. 2007) (elements of negligent misrepresentation; reliance required)
- Mallette v. Children’s Friend & Service, 661 A.2d 67 (R.I. 1995) (elements of negligent misrepresentation; reliance required)
- Olshansky v. Rehrig International, 872 A.2d 282 (R.I. 2005) (discussion of negligence elements and res ipsa usage)