Personal Injury & Tort Cases
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Personal Injury & Tort

Supreme Court of Rhode Island
Uncategorized

DeOliveira v. Trecaso — Trial Court Affirmed on All Eleven Error Claims; Deposition of Dismissed Defendant, Google Earth Photos, and Verdict Sheet Phrasing Each Upheld

The Rhode Island Supreme Court affirmed a defense verdict in a motor vehicle negligence case, rejecting all eleven error claims by the plaintiffs. Significant holdings address: the admissibility of a dismissed defendant’s video deposition under Rule 32; authentication of bare Google Earth photographs by lay witnesses with personal knowledge; the narrow scope of the empty chair doctrine as limited to identifiable available witnesses; and the adequacy of a verdict sheet that used “was negligent” language in a comparative fault framework.

Supreme Court of Rhode Island
Uncategorized

Hurd v. H&H Real Estate (Hogan Associates) — Expert Testimony Required to Establish Real Estate Broker’s Standard of Care; Internet-Search Duty Question Not Within Common Knowledge

The Rhode Island Supreme Court affirmed summary judgment for a real estate brokerage, holding that the standard of care for screening prospective tenants—including whether a “basic internet search” is required in addition to a credit and criminal background check—is not within the common knowledge of laypeople and therefore requires expert testimony. Because the plaintiff was precluded from offering expert testimony after repeatedly failing to produce his expert for deposition, his negligence claim could not survive summary judgment.

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