Johnston Equities Associates, LP v. Town of Johnston

Syllabus

In Superior Court, the plaintiffs, Johnston Equities Associates, LP, and Stay Away From The Cans, LLC, obtained a $1.2 million jury verdict in their favor for a trespass claim against the defendants, the Town of Johnston Joseph Chiodo, in his capacity as Finance Director of the Town of Johnston and Robert Parker, in his capacity as the Director of Public Works for the Town of Johnston, for allowing sewage from the town's sewer pipelines to be discharged into the plaintiffs' private sewer pipeline. Following the jury verdict, the trial justice ruled that the $100,000 statutory cap under G.L. 1956 § 9 31 3 was applicable because the plaintiffs' claim focused on the design of the town sewer system and thus constituted a governmental function.<br><br>On appeal, the plaintiffs argued that the trial justice erred in determining that the town was engaged in a governmental function, rather than a proprietary function. The plaintiffs submitted that the trial justice erred in (1) applying the statutory cap on liability to the jury's verdict pursuant to § 9-31-3 (2) determining that the plaintiffs were precluded from collecting prejudgment interest and (3) sua sponte finding that, even if the plaintiffs were entitled to collect prejudgment interest, the interest should be calculated from the date of the jury's verdict.<br><br>On cross-appeal, the town argued that the trial justice erred in denying its requests for judgment as a matter of law. The town additionally contended that it was immunized from liability under the public duty doctrine. Further, the town asserted that the trial justice erred in denying the town's motion for a new trial, because, the town argued, the jury did not follow instructions in awarding damages alternatively, the town asserted that its request for a remittitur should have been granted.<br><br>The appeals were consolidated by the Supreme Court. The Court upheld the trial justice's denial of the town's motions for judgment as a matter of law. The Cou