Gallant v. Adams
Gallant v. Adams
Opinion of the Court
This is a civil action to recover for personal injuries and property damage resulting from an
The facts are relatively simple. Shortly after noontime-on January 13, 1969 Martha Gallant was operating her mother’s car in the parking lot of the Ann & Hope Factory Outlet, Inc., in Warwick, Rhode Island. The lot is on the westerly side of Post Road, which runs north and south. The parking lot has two entrances on Post Road. As one travels south on Post Road, the first entrance is at the extreme northern end of the lot. The second is at about the center of the lot. Martha entered the northerly entrance and turned westerly along a parking lane-designated as “Aisle B.” She was driving toward the store at a speed which she estimated -at about 15 miles per hour. That aisle intersected a main north-south lane in which defendant was traveling in a northerly direction. The right front bumper of defendant’s vehicle struck the vehicle being operated by Martha at the door on the driver’s side, which collision resulted in the injuries and property damage complained of in this action.
The trial justice based his decision granting defendant’s motion for a new trial on the grounds that plaintiff, Martha Gallant, was guilty of contributory negligence and that the jury’s verdict to the contrary was against
We have considered all the issues raised by the plaintiffs on this appeal. They have not persuaded us that the trial justice failed to perform his duties under our cases, see Barboto v. Epstein, 97 R. I. 191, 196 A.2d 836 (1964), or that, having done so, he overlooked or misconceived any material evidence on a controlling issue — here, the question of contributory negligence — or that he was otherwise clearly wrong. The plaintiffs had this burden since they challenged the decision of the trial justice. Carraturo v. Lawrence, 107 R. I. 463, 467, 268 A.2d 277, 279-80 (1970). They did not satisfy this burden and, therefore, the trial justice’s decision must stand.
The plaintiffs’ appeal is denied and dismissed, the judgment appealed from is affirmed, and the case is remitted to the Superior Court for further proceedings.
Reference
- Full Case Name
- Ruth Gallant v. Ruth Adams
- Status
- Published