According to a local news report discussing the recent appellate decision, the plaintiffs purchased a home adjacent to a Massachusetts golf course in 2017. The plaintiffs filed a lawsuit against the course in 2021, alleging that over 600 golf balls had struck their property since the purchase, causing property damage and emotional distress. The plaintiffs claimed that the nuisance caused by the errant balls restricted the use of their property, preventing their children from safely playing in the yard. The defendant argued that the plaintiffs had no claim, as they should have expected golf balls to hit their property based on their location. A trial was held on the plaintiffs’ claim in the spring of 2022, and the jury awarded them a total of $5 million from the defendant, most of which was awarded for the plaintiff’s claims of emotional distress.

The defendant appealed the verdict to the state supreme court, arguing that the trial judge allowed the jury to be improperly instructed on the issue of an easement that the golf course owned on the plaintiffs’ property. According to the high court decision, the easement required the plaintiffs’ allowance of “the reasonable and efficient operation of a golf course” adjacent to the property. Because the jury was not instructed to determine whether the amount of intrusion into the plaintiffs’ property was “reasonable,” the court ruled that the verdict must be reversed, and the case was remanded to the lower court for a new trial. The plaintiff’s claim still may succeed eventually, but the case must go back for a new trial before another jury if it is not settled beforehand.

If you or someone you know is facing an issue with a neighboring property owner over a potential nuisance claim, damage awards may be significantly larger than simply the economic loss from the nuisance. Because of this, possible claims should not be ignored or minimized, and legal counsel should be consulted as soon as a potential claim arises. The experienced real estate attorneys with Bilodeau Capalbo understand how to pursue and defend against Rhode Island nuisance claims. Not all annoying conduct can be legally defined as an actionable nuisance, and some apparently harmless or justified actions may be actionable for significant damages. Our qualified residential property attorneys can help you determine the best course of action in addressing your legal issue. Contact us for a free consultation to discuss your case. Reach out by phone at 401-300-4055 or through our website for a free consultation.

According to the facts discussed in the judicial ruling, the plaintiff in the recently decided case was traveling northbound on Interstate 95 in Providence when he approached a slowdown on the right side of the interstate. The defendant was attempting to merge onto the freeway when he abruptly traveled across two lanes and into the lane that the plaintiff was driving in. The plaintiff avoided directly hitting the defendant by changing lanes, but the defendant’s vehicle did strike the side of the plaintiff’s car, causing property damage and minor injuries.

For a plaintiff to prevail in a negligence case (such as a motor vehicle accident) in Rhode Island, the plaintiff must demonstrate to the court that it is more likely than not that the defendant owed the plaintiff some duty of care, violated that duty, and the plaintiff was hurt as a proximate cause of the defendant’s violation of the duty. The Superior court applied this framework to the facts of this case and ruled that the defendant had a duty to avoid entering the plaintiff’s lane of travel. The defendant’s failure to honor this duty resulted in the collision, which was the cause of the injuries to the plaintiff. The court did determine that the plaintiff was traveling at an unsafe speed before the accident, and his damage award was reduced by 10% to account for his portion of fault.

For negligence cases, Rhode Island is what is known as a “comparative negligence” state. This means that if both parties were somewhat negligent in causing an accident, the negligent defendant is only responsible for the portion of the total damages suffered in a crash that can be attributed to their own negligence. Under this framework, expenses incurred in accidents that have multiple contributing causes can be fairly divided among the responsible parties.

Pursuing a Claim for Damages After an Auto Accident

If you or someone you know has recently been injured in a Rhode Island car accident, you may be entitled to significant damages for your loss. Even if investigators or police officers determined that you are wholly or partially at fault for the crash, you could deserve some compensation from your insurance carrier or other drivers whose negligence contributed to the crash. Contact a qualified Rhode Island personal injury and insurance claim attorney at Bilodeau Capalbo to help you pursue a claim for damages. With our representation and support, you can be comfortable that your claim is being handled professionally and competently. Contact our offices today and schedule a free consultation by calling 401-300-4055.