Augustine v. Langlais, 402 A.2d 1187 (R.I. 1979). · Go Syfert
Augustine v. Langlais, 402 A.2d 1187 (R.I. 1979). Cases Citing This Book View Copy Cite
59 citation events (20 in the last 25 years) across 6 distinct courts.
Strongest positive: In re IDC Clambakes, Inc. (rib, 2007-01-24)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) In re IDC Clambakes, Inc.
Bankr. D.R.I. · 2007 · confidence medium
It should also be noted that while both the Debtor and its lessor, Properties, were trespassers, the Association is “entitled to only one satisfaction of the tort, even though two or more parties contributed to the loss.” Augustine v. Langlais, 121 R.I. 802 , 402 A.2d 1187, 1189 (1979), and that although the Debtor physically occupied the Reserved Area under a lease with IDC Properties, that occupancy did not cause additional or separate harm to the Association.
examined Cited as authority (rule) Calise v. Hidden Valley Condominium Ass'n (6×) also: Cited "see"
R.I. · 2001 · confidence medium
The cases that have considered statutes identical to § 10-6-7 universally hold that amounts paid by settling defendants must be credited to the verdict amount returned against nonsettling joint tortfeasors." Augustine v. Langlais, 121 R.I. 802, 804-05 , 402 A.2d 1187, 1189 (1979).
cited Cited as authority (rule) Shepardson v. Consolidated Medical Equipment, Inc.
R.I. · 1998 · confidence medium
See id.; Augustine v. Langlais, 121 R.I. 802, 804 , 402 A.2d 1187, 1188-89 (1979).
discussed Cited as authority (rule) Hawkins v. Gadoury
R.I. · 1998 · confidence medium
Rhode Island has adopted the 1939 version of the Uniform Act, which defines joint tort-feasors as “two (2) or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.” Section 10-6-2; Wilson, 560 A.2d at 339 ; Augustine v. Langlais, 121 R.I. 802, 804 , 402 A.2d 1187, 1189 (1979).
discussed Cited as authority (rule) North Atlantic Fishing, Inc. v. Geremia
D.R.I. · 1993 · confidence medium
This arrangement preserves the “fundamental doctrine that an injured person is entitled to only one satisfaction of the tort, even though two or more parties contributed to the loss.” Augustine v. Langlais, 121 R.I. 802, 805 , 402 A.2d 1187, 1189 (1979).
discussed Cited as authority (rule) Lawrence v. Pokraka
R.I. · 1992 · confidence medium
Section 10-6-7 provides: “[A] release by the injured person of one (1) joint tortfeasor * * * reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.” This statute provides that “amounts paid by settling defendants must be credited to the verdict amount returned against non-settling joint tortfeasors.” Augustine v. Langlais, 121 R.I. 802, 805 , 402 A.2d 1187, 1189 (1979).
discussed Cited as authority (rule) Pizza Hut of America, Inc. v. Pastore
R.I. · 1987 · confidence medium
It is a well settled rule of statutory construction that where “the language of a statute is clear and unambiguous, the statute may not be construed or extended but must be applied literally.” Citizens for Preservation of Waterman Lake v. Davis, 420 A.2d 53, 57 (R.I.1980); North Providence School Committee v. Rhode Island State Labor Relations Board, 122 R.I. 415, 418 , 408 A.2d 928, 929 (1979); Augustine v. Langlais, 121 R.I. 802, 804 , 402 A.2d 1187, 1188 (1979).
discussed Cited as authority (rule) LaBounty v. LaBounty
R.I. · 1985 · confidence medium
This section reads as follows: *306 “A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides; but reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.” (Emphasis added.) We have previously construed this statute in Augustine v. Langlais, 121 R.I. 802, 804 , 402 A.2d 1187, 1188 (1979), and det…
discussed Cited as authority (rule) Cole v. Charron (2×)
R.I. · 1984 · confidence medium
Augustine v. Langlais, 121 R.I. 802, 805 , 402 A.2d 1187, 1189 (1979).
cited Cited as authority (rule) State v. Byrnes
R.I. · 1983 · confidence medium
In re LaFreniere, R.I., 420 A.2d 82, 84 (1980); Augustine v. Langlais, 121 R.I. 802, 804 , 402 A.2d 1187, 1188 (1979).
discussed Cited as authority (rule) In Re LaFreniere (2×)
R.I. · 1980 · confidence medium
As we previously stated, CWS petitioned the Family Court for a decree terminating the LaFrenieres’ parental rights on the ground that the children were “permanently neglected.” General Laws 1956 (1969 Reenactment) § 15-7-7 defines a “ ‘permanently neglected child’ ” as: “a person under eighteen (18) years of age who has been placed in the care of an authorized agency * * * and whose parent or custodian has failed for a period of more than one year * * * following the placement or commitment of such child in the care of an authorized agency, substantially and repeatedly to main…
cited Cited "see" Quality Cab, Inc. v. Division of Public Utilities, Pc91-5433 (1997)
Sup. Ct. R.I. · 1997 · signal: see · confidence high
See, Augustine v. Langlois, 402 A.2d 1187 , 1189 (R.I. 1979); Souza v. O'Hara, 395 A.2d 1060 , 1061 (R.I. 1978).
discussed Cited "see, e.g." Merrill v. Trenn (2×)
R.I. · 1998 · signal: see also · confidence low
The purpose of reducing the injured party’s claim (and, therefore, the nonsettling alleged tortfeasor’s liability), as the Margadonna court correctly noted, is to foreclose any double or excessive recovery flowing to the injured party and to protect the nonsettling defendant by ensuring that he “is not forced to pay interest on the amount of [the prior] settlement.” Margadonna, 542 A.2d at 235-36 ; see also Augustine, 121 R.I. at 805 , 402 A.2d at 1189 (§ 10-6-7 “proscribes double recovery”).
discussed Cited "see, e.g." Cooney v. Molis (2×)
R.I. · 1994 · signal: see also · confidence low
Sections 10-6-3 and 10-6-7. *529 In language this court has previously described as “free of ambiguity,” the act states that the release of one joint tortfeasor “does not discharge the other tortfeasors unless the release so provides; but reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.” Section 10-6-7; see also Augustine v. Langlais, 121 R.I. 802, 804 , 402 A.2d 1187, 1188-89 (1979).
Retrieving the full opinion text from the archive…
Vincent J. Augustine, Et Al. vs. Simone B. Langlais, Et Al.
78-102-Appeal.
Supreme Court of Rhode Island.
Jul 3, 1979.
402 A.2d 1187
1979 R.I. LEXIS 2055
John Quattrochi, Jr., for plaintiffs., Edward E. Dillon, Jr., Hugh L. Moore, Jr., John T. Madden, for defendants.
Bevilacqua, Joslin, Kelleher, Doris, Weisberger.
Cited by 24 opinions  |  Published
[*803] Doris, J.

The plaintiffs, Vincent and Harriet Augustine, were injured as a result of a multi-vehicle collision that occurred on August 17, 1974, in Providence. The defendants in the ensuing negligence action were the drivers and owners of two of the other automobiles involved in the accident. For convenience we shall hereinafter refer to the defendants as Langlais and Otero. Prior to trial the plaintiffs and Otero executed a release [1] pursuant to G.L. 1956 (1969 Reenactment) §§10-6-1 to 11, for a sum of $42,000 and the complaint against Otero was dismissed with prejudice. Otero remained[*804] in the case, however, because of a cross-claim filed by the nonsettling joint tortfeasor Langlais. The case proceeded to trial in the Superior Court and the jury, in response to special interrogatories, found Otero 85 percent negligent, Langlais 15 percent negligent, and the plaintiffs totally free of negligence. The jury awarded the plaintiffs $33,513 in damages. Accrued interest was $9,458.24. The trial justice entered judgment for the plaintiffs in the aforementioned amounts but reduced by the $42,000 the plaintiffs had previously received in settlement. The plaintiffs appeal from this judgment contending that Langlais should be liable for 15 percent of the jury verdict and interest without any credit for the prior settlement.

General Laws 1956 (1969 Reenactment) §10-6-7 provides that:

“A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides; but reduces the claim against the other tortfeasors in the amount of of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.” (Emphasis added.)

It is well-settled that when a statute is free of ambiguity there is no room for statutory construction and the words will be given their plain and obvious meaning. E.g., Gomes v. Rhode Island State Board of Elections, 120, R.I. 951, 956, 393 A.2d 1088, 1090 (1978); Andreozzi v. D’Antuono, 113 R.I. 155, 158, 319 A.2d 16, 18 (1974); Reardon v. Hall, 104 R.I. 591, 595, 247 A.2d 900, 902 (1968); Kastal v. Hickory House, Inc., 95 R.I. 366, 369, 187 A.2d 262, 264 (1963). Section 10-6-7 is such a statute and must be literally applied.

Section 10-6-7 is a verbatim enactment of section four of the Uniform Contribution Among Tortfeasors Act of 1939 which has been adopted by several other states. The cases that have considered statutes identical to §10-6-7 universally[*805] hold that amounts paid by settling defendants must be credited to the verdict amount returned against nonsettling joint tortfeasors. E.g., Woodard v. Holliday, 235 Ark. 744, 750, 361 S.W.2d 744, 748 (1962); Raughley v. Delaware Coach Co., 47 Del. 343, 348, 91 A.2d 245, 247 (1952); Maryland Lumber Co. v. White, 205 Md. 180, 199-200, 107 A.2d 73, 80-81 (1954); Daugherty v. Hershberger, 386 Pa. 367, 372-73, 126 A.2d 730, 733-34 (1956); Degen v. Baymen, 90 S.D. 400, 409, 241 N.W.2d 703, 707 (1976); see Dooley, Modern Tort Law §26.29 at 573 (1977); Prosser, Handbook of the Law of Torts §49 at 304-05 (4th ed. 1971). We perceive no reason to adopt a different view. These decisions are predicated upon the fundamental doctrine 'that an injured person is entitled to only one satisfaction of the tort, even though two or more parties contributed to the loss. See, e.g., Maryland Lumber Co. v. White, 205 Md. at 199, 107 A.2d at 80; Prosser, §48 at 299-300. This principle was not altered by the enactment of §10-6-7 which proscribes double recovery by unequivocally mandating that a release “reduces the claim against the other tortfeasors in the amount of the consideration paid for the release.”

The plaintiffs rely upon the language in the release concerning a pro rata reduction of their damages by the amount chargeable to Otero. See note 1 supra. The plaintiffs fail, however, to read §10-6-7 in its totality. The statute clearly directs that the damage award must be reduced by either the amount of consideration paid for the release, or the proportion of reduction provided by the release, whichever is greater. See Daugherty v. Herschberger, 386 Pa. at 373, 126 A.2d at 733. In this case the consideration paid for the release exceeded the proportional reduction and was therefore the appropriate amount to be credited against the jury verdict.

The plaintiffs also argue that the trial justice committed reversible error because he relied upon a proposed 1976 amendment to §10-6-7 that was never enacted by the Legislature. This amendment would have had two effects. First, it would have eliminated the last clause of §10-6-7 (“or in any amount * * * consideration paid”). As we have[*806] already indicated that clause is irrelevant to the instant case. Second, it would have mandated that the release not be admitted into evidence before the jury. The plaintiffs do not argue that this portion of the proposed amendment affected the trial justice’s decision. Accordingly, the trial justice’s mistaken reliance upon the never-enacted amendment did not affect his decision. Furthermore, we have frequently stated that we will accept a lower court decision that is correct even though it is based upon erroneous reasoning. E.g., Souza v. O’Hara, 121 R.I. 88, 90, 395 A.2d 1060, 1061 (1978); DiRaimo v. DiRaimo, 117 R.I. 703, 708, 370 A.2d 1284, 1287 (1977).

John Quattrochi, Jr., for plaintiffs. Edward E. Dillon, Jr., Hugh L. Moore, Jr., John T. Madden, for defendants.

The plaintiffs’ appeal is denied and dismissed, the judgment appealed from is affirmed, and the case is remanded to the Superior Court for further proceedings.

1

The release stated in pertinent part:

“FURTHER, in consideration of the aforementioned sum, we, Vincent J. Augustine and Harriet Augustine, reduce any and all damages which we may recover against any person, firm or corporation adjuged to be a tortfeasor with respect to the aforementioned accident, by and to the extent of the pro-rata share of the common liability for such damages chargeable to the Star of Jacob, Inc. and Angelo R. Otero, no right of contribution has yet accrued to any other Joint Tortfeasor.”