Najarian v. National Amusements, Inc.

768 A.2d 1253 (R.I. 2001) · Supreme Court of Rhode Island · April 12, 2001 · No. No. 99-539-Appeal

Summary

The Supreme Court of Rhode Island held that Massachusetts negligence law governed a premises-liability action arising from an injury at a Massachusetts cinema. Applying Massachusetts comparative-negligence law, the court concluded that the plaintiff's 60 percent negligence barred recovery, sustained the defendants' appeal, vacated the Superior Court judgment, and remanded for entry of judgment for the defendants.

Court
Supreme Court of Rhode Island
Writing for the Court
Per Curiam; Chief Justice Williams; Justice Lederberg; Justice Bourcier; Justice Flanders; Justice Goldberg
Jurisdiction
Rhode Island
Decision date
April 12, 2001
Docket number
No. 99-539-Appeal
Procedural posture
Both sides appealed from the denial of post-trial motions following a negligence trial. The defendants appealed denial of their motion for a new trial, principally challenging application of Rhode Island rather than Massachusetts negligence law; the plaintiff appealed denial of her motion for additur.
Standard of review
The Supreme Court reviewed the trial justice's choice-of-law determination and the denial of the motion for a new trial. The appeal was submitted for summary decision after the parties were ordered to show cause.
Precedential value
Published opinion; precedential
Parties
National Amusements, Inc., Showcase Cinemas 1-10 v. Carol Najarian, Executrix of the Estate of Hope L. Andersen
Disposition
vacated

Topics

premises liabilitynegligencecomparative faultappellate procedureremedies

Practice areas

negligencepremises liabilityconflict of lawsappellate procedurecomparative negligence

Questions Presented

  1. Whether Rhode Island or Massachusetts negligence law governed the premises-liability claim arising from an injury at the defendants' Massachusetts cinema.
  2. Whether the plaintiff's appeal from denial of her motion for additur should be granted.

Holdings

  1. Massachusetts negligence law governs because Massachusetts has the most significant relationship to the injury, the allegedly negligent conduct, the premises, and the parties' relationship.
  2. Because Andersen was found more than 50 percent negligent, Massachusetts law barred recovery against the defendants.

Key quotations

Applying these factors to the case at bar, we conclude that the trial justice erred in not applying Massachusetts negligence law. (1255)
In sum, we conclude that Massachusetts has the most significant interest in this case, and therefore Massachusetts law should apply. (1255)
As a result, because Andersen was found more than 50 percent negligent, on the basis of Massachusetts law, damages from the defendants cannot be recovered. (1256)

Factual background

In July 1994, Hope Andersen, a Rhode Island resident, attended a matinee at the defendants' cinema in Seekonk, Massachusetts. The theater was allegedly extremely dark, and Andersen, believing there was a wall beside her, reached out to steady herself and fell where no wall existed, fracturing her hip and elbow. The jury found the defendants 40 percent negligent and Andersen 60 percent negligent.

Procedural history

Hope Andersen's estate brought a negligence action after Andersen was injured at a Massachusetts cinema operated by the defendants. The jury found Showcase 40 percent negligent and Andersen 60 percent negligent and awarded damages reduced to Andersen's comparative share. The Superior Court denied the defendants' motion for a new trial and the plaintiff's motion for additur. The Supreme Court of Rhode Island sustained the defendants' appeal, denied the plaintiff's additur appeal, vacated the judgment, and remanded for entry of judgment for the defendants under Massachusetts law.

Remand instructions

The case was remanded to the Superior Court with directions to enter judgment for the defendants based on application of Mass. Gen. Laws Ann. ch. 231, § 85.

Court Document

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