Supreme Court of Rhode Island

Damaso Hernandez v. Js Pallet Co., Inc.

April 12, 20122012 R.I. LEXIS 46

Summary

The Rhode Island Supreme Court affirmed the Superior Court's judgment for Hernandez, holding that the trial justice correctly denied the defendant's motion for judgment as a matter of law, properly admitted the business records testimony, and appropriately calculated damages using the actual value to the owner rather than fair market value.

Holding

  • Did the trial justice err in denying the defendant's Rule 52(c) motion for judgment as a matter of law on the damages element?. The trial justice did not err; the plaintiff presented sufficient evidence of damages and the denial of the JMOL motion was proper.
  • Did the trial justice err in admitting the business‑records document through David Findlay's testimony despite his absence from the pre‑trial witness list?. The trial justice did not abuse discretion in admitting the document; Findlay's testimony was sufficient to authenticate the business record.
  • Did the trial justice err in calculating damages based on the tools' value to the plaintiff rather than their fair market value?. The trial justice acted within her broad discretion and correctly applied the actual‑value‑to‑owner method endorsed in DeSpirito.

Docket 2011-16-Appeal

Cited authorities

  • Rule 52(c)
  • Rule 52(c)
  • Rule 52(c)
  • Rule 52(c)
  • Rule 52(c)
  • Rule 803(6) of the Rhode Island Rules of Evidence

Cited by

Read full opinionPDF