James R. Battaglia v. James J. Lombardi III, Treasurer for the City of Providence

Syllabus

In these consolidated cross-appeals, the parties challenged the trial justice's rulings on the city's motion for judgment as a matter of law pursuant to Rule 50 of the Superior Court Rules of Civil Procedure. On appeal, the plaintiff contended that the trial justice erred in granting judgment as a matter of law in favor of the city because, he maintained, the trial justice erred in determining that the egregious conduct exception to the public duty doctrine did not apply because she usurped the jury's fact-finding function. The Supreme Court concluded that the trial justice erred in granting judgment as a matter of law in favor of the city because she made factual determinations at the Rule 50 stage to determine the applicability of the egregious conduct exception to the public-duty doctrine. The Supreme Court concluded that the record created an evidentiary basis that could allow a reasonable juror to conclude that the city created circumstances that would lead a reasonably prudent person into a position of extreme peril, that the city had actual or constructive notice of that specific peril, and that the city failed to remedy that peril after a reasonable amount of time. The Supreme Court further held that the city's failure to move for a new trial in the Superior Court was fatal to its position on appeal because the city, as the party that pled the public duty doctrine as a defense to the plaintiff's claim, bore the burden of proving that defense. By failing to move for a new trial the city deprived the trial justice of the opportunity to correct the error of law that occurred in this case. Accordingly, the Supreme Court vacated the judgment of the Superior Court and directed the court to reinstate the jury verdict.