Justice GOLDBERG, for the Court.
This case came before the Supreme Court on October 1, 2015, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. The plaintiff, Willie Battle (plaintiff), appeals from the trial justice's denial of his motion for a new trial,
This action arises from injuries plaintiff suffered as a result of a fall while he was incarcerated at the Adult Correctional Institutions (ACI). On February 14, 2007, plaintiff and approximately 150 of his fellow inmates were conducted on foot as part of a routine "movement" of inmates from the cellblocks to the ACI's medium-security education facility. There, plaintiff had been scheduled to attend morning classes as part of a six-month rehabilitative program for inmates. That morning, however, plaintiff slipped and fell as he entered the building. The plaintiff seriously injured his back in the fall, which eventually required surgery. The plaintiff, who has since been released from the ACI, now walks with a limp and reports continuing discomfort. He filed a complaint in Providence County Superior Court on February 26, 2009, alleging negligence by the state in failing to reasonably maintain the premises.
The first two witnesses called by plaintiff to testify were David Melikian (Officer Melikian) and Roger Boccanfuso (Officer Boccanfuso), corrections officers who had seen plaintiff fall. Both recalled that there was inclement weather that morning; Officer Boccanfuso specifically remembered "severe downpours." Both witnesses testified that inmate porters mop the floors near the building's entrance to keep the area dry when it rains or snows. Both testified that, on such days, they or fellow ACI guards would caution inmates that the floors might be wet as they entered the building. Each witness testified that inmate porters would place "wet floor" signs in the area and that one or two large mats covered the floor at all times.
Next, plaintiff called Archangel Barboza (Ms. Barboza) to testify. Ms. Barboza stated that she works as a teacher for the Department of Corrections in the building where plaintiff fell. She recalled that she had slipped and injured her leg by the building's entrance on a rainy day in 2006. She also said that, on or around the day plaintiff fell, she had slipped but avoided injury in an area near where plaintiff fell.
The plaintiff also testified at trial. Recounting the moments leading up to the incident, he stated that it had been raining
The plaintiff rested, and the state did not present any witnesses. The plaintiff then moved for judgment as a matter of law, which the trial justice denied. On May 24, 2013, following deliberations, the jury found that the state was not negligent.
On May 31, 2013, plaintiff moved for the Superior Court to "vacate the jury verdict * * * and * * * grant a new trial and/or additur to the Plaintiff." In support of the motions, plaintiff argued for the first time that, "not only was this a case of simply negligence and egregious conduct, it [was] also a case to be considered for strict liability." The plaintiff contended that the state should be held strictly liable for his injuries because it had been engaging in an abnormally dangerous activity at the time plaintiff fell. According to plaintiff, the state engaged in such activity by forcing inmates to walk in a potentially slippery area that could not be made safer even with a floor mat, "wet floor" signs, continuous cleanup, or verbal warnings. The trial justice denied plaintiff's motion, rejected plaintiff's theory of strict liability, and concluded that the jury acted reasonably in finding for the state on the negligence count. The plaintiff filed a timely notice of appeal.
"A trial justice's role in considering a motion for a new trial is that of a superjuror, who must weigh the evidence and assess the credibility of the witnesses." Gomes v. Rosario, 79 A.3d 1262, 1265 (R.I.2013) (quoting McGarry v. Pielech, 47 A.3d 271, 280 (R.I.2012)). In doing so,
This Court will not disturb the trial justice's decision absent a showing that he or she "overlooked or misconceived material and relevant evidence or was otherwise clearly wrong." Id. (quoting McGarry, 47 A.3d at 280).
In support of plaintiff's motion for a new trial, counsel argued in the Superior Court, and before this Court on appeal, that plaintiff had been part of a "forced march" in which guards rushed him and his fellow inmates from the cellblocks to the education facility without regard for their personal safety. He further argued that the jury had been biased against
Deciding plaintiff's motion from the bench, the trial justice recounted the evidence introduced at trial and weighed the credibility of the witnesses. He noted the testimony regarding the placement of both mats and "wet floor" signs by the door, the verbal warnings routinely issued by guards as the inmates entered the building, and the assignment of inmate porters to mop the floors. The trial justice found Officers Melikian and Boccanfuso to be highly credible, cogent witnesses and found that their testimony was consistent. He found Ms. Barboza, the teacher who previously had slipped, to be credible as well, but he noted that the site of her accident was at least ten to fifteen feet away from where plaintiff had fallen. The trial justice also found plaintiff to be "consistent" in his testimony and "an extremely nice man," but he stated that the case hinged on the issue of liability rather than plaintiff's credibility. The trial justice further rejected the contention that plaintiff had been subjected to a "forced march" and observed that the description distorted reality and was "unfair." He observed that the guards were merely transporting the inmates on foot from one building to another and that the inmates were not at gunpoint. The trial justice concluded that he agreed with the jury verdict and did not find that the state was negligent.
We conclude that the trial justice had a sufficient basis to find that the jury acted reasonably in rendering its verdict for the state. This Court previously has noted that, "[w]hen the trial justice has reviewed the evidence, in light of his charge to the jury, and concludes that he or she agrees with the verdict, the analysis is at its end." Dawkins v. Siwicki, 22 A.3d 1142, 1159 (R.I.2011). Accordingly, we need not venture further.
We pause to note that, after thoroughly reviewing the trial record, we are satisfied that the evidence introduced at trial does not substantiate the allegation that the transfer of inmates from the cellblocks to the education facility approached nefarious conduct. No testimony provided at trial, including that of plaintiff, suggests that any inmate was compelled by a guard to parade against his will from one location to another, nor does the evidence imply that the so-called "forced march" was anything more than a routine movement of inmates within the institution. This claim simply lacks foundation.
The plaintiff also cites to the Restatement (Second) Torts § 520 (1976) regarding abnormally dangerous activities
For the reasons stated herein, we affirm the judgment of the Superior Court. The record shall be remanded to the Superior Court.