Robert M. Estrella, as the of the Estate of Armando Damiani and the of the Estate of Lillian Estrella v. Janney Montgomery Scott LLC

Syllabus

Following a civil jury trial, the defendant, Steven Damiani, appealed from a final judgment in favor of the plaintiff, Robert Estrella, as the Executor of the Estate of Armando Damiani and the Executor of the Estate of Lillian Estrella. On appeal, the defendant argued that the trial justice erred by permitting a witness to testify despite knowing in advance that she would invoke her Fifth Amendment privilege against self-incrimination. The defendant argued that the taint from that testimony infected the jury's verdict as well as the trial justice's grant of declaratory relief. The defendant also argued that a party who is found to be a coconspirator in a civil action is an agent of his coconspirator and, thus, a single tortfeasor under G.L. 1956 § 10 6 2. Because of this, the defendant asserted, a release of his alleged coconspirator also operated to release him. <br><br>The Supreme Court concluded that the probative value of the witness invoking her Fifth Amendment privilege before the jury was outweighed by the risk of undue prejudice to the defendant. The Supreme Court vacated the jury's verdict and remanded the case to the Superior Court for further proceedings. Nevertheless, the Supreme Court determined that sufficient facts supported the trial justice's decision on the plaintiff's claim for declaratory judgment. Based on the need to remand the case, the Court did not reach the defendant's arguments related to the plaintiff's release of the defendant's alleged coconspirator. Accordingly, the Court vacated in part and affirmed in part the judgment of the Superior Court. <br><br>