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11 Rhode Island opinions name it 2 courts 1980–2023 2 in the last five years
The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sousa v. Chasetgreen2 sentences2009Boccasile v. Cajun Music Ltd., 694 A.2d 686, 689-90 (R.I.1997); see also Riley v. Stone, 900 A.2d 1087, 1095 (R.I.2006); Sheeley, 710 A.2d at 164 . 14 “Expert *595 testimony is needed to explain * * * what proper procedures and alternatives are available to a physician * * * [and] to show why the procedures followed by the defendant physician were negligent, and not legitimate, alternatives.” Sousa v. Chaset, 519 A.2d 1132, 1135 (R.I.1987). 2003Souza v. Chaset, 519 A .2d 1132, 1135 (R.I. 1987). | 2 | 5 |
Riley v. Stonegreen2 sentences2023It is well settled that “[i]n any negligence action, * * * the plaintiff must establish a standard of care and prove, by a preponderance of the evidence, that the defendant deviated from that standard of care.” Riley v. Stone, 900 A.2d 1087, 1095 (R.I. 2006); see also Mangiarelli v. Town of Johnston, 289 A.3d 560 , 568 (R.I. 2023). 2009Boccasile v. Cajun Music Ltd., 694 A.2d 686, 689-90 (R.I.1997); see also Riley v. Stone, 900 A.2d 1087, 1095 (R.I.2006); Sheeley, 710 A.2d at 164 . 14 “Expert *595 testimony is needed to explain * * * what proper procedures and alternatives are available to a physician * * * [and] to show why the procedures followed by the defendant physician were negligent, and not legitimate, alternatives.” Sousa v. Chaset, 519 A.2d 1132, 1135 (R.I.1987). | 2 | 2 |
Malinou v. Miriam Hospitalgreen2 sentences2021See Almonte v. Kurl, 46 A.3d 1, 17 (R.I. 2012) (“It is a general rule that * * * ‘a plaintiff must establish a standard of care as well as a deviation from that standard.’”) (quoting Malinou v. Miriam Hospital, 24 A.3d 497, 509 (R.I. 2011)). 2012The Proximate Cause Requirement and Expert Testimony On appeal, plaintiffs contend that the trial justice erred in granting defendants’ Rule 50 motion for judgment as a matter of law; they point to the fact that Dr. Kurl had testified during her deposition (which testimony was read into the record at trial) that, if Mr. Almonte had been committed, “he would have been involuntarily committed/or 72 hours to the psychiatric facility.” (Emphasis added.) It is a general rule that, in a wrongful death action, as in any action sounding in negligence, “a plaintiff must establish a standard of care as | 2 | 2 |
Boccasile v. Cajun Music Limitedgreen2 sentences2012Joseph Health Services of Rhode Island, 899 A.2d 1271, 1277 (R.I.2006); Boccasile v. Cajun Music Limited, 694 A.2d 686, 689 (R.I.1997). 2009Boccasile v. Cajun Music Ltd., 694 A.2d 686, 689-90 (R.I.1997); see also Riley v. Stone, 900 A.2d 1087, 1095 (R.I.2006); Sheeley, 710 A.2d at 164 . 14 “Expert *595 testimony is needed to explain * * * what proper procedures and alternatives are available to a physician * * * [and] to show why the procedures followed by the defendant physician were negligent, and not legitimate, alternatives.” Sousa v. Chaset, 519 A.2d 1132, 1135 (R.I.1987). | 2 | 2 |
Mills v. State Sales, Inc.green1 sentence2023Furthermore, “expert testimony is required to establish any matter that is not obvious to a lay person and thus lies beyond common knowledge.” Mills v. State Sales, Inc., 824 A.2d 461, 468 (R.I. 2003); see also Mangiarelli, 289 A.3d at 568. 9 The plaintiff’s “negligent credentialing” claim is often referred to as a corporate negligence claim. | 1 | 1 |
Almonte v. KURLgreen1 sentence2021See Almonte v. Kurl, 46 A.3d 1, 17 (R.I. 2012) (“It is a general rule that * * * ‘a plaintiff must establish a standard of care as well as a deviation from that standard.’”) (quoting Malinou v. Miriam Hospital, 24 A.3d 497, 509 (R.I. 2011)). | 1 | 1 |
Foley v. ST. JOSEPH HEALTH SERVICESgreen1 sentence2012Joseph Health Services of Rhode Island, 899 A.2d 1271, 1277 (R.I.2006); Boccasile v. Cajun Music Limited, 694 A.2d 686, 689 (R.I.1997). | 1 | 1 |
Morales v. Town of Johnstongreen2 sentences2006Morales v. Town of Johnston, 895 A.2d 721, 732 (R.I.2006). 2006Morales v. Town of Johnston, 895 A.2d 721, 782 (R.I.2006). | 1 | 1 |
Scittarelli v. Providence Gas Co.green1 sentence2003“In order to prove negligent inspection and testing a plaintiff must establish a standard of care with respect to inspection and testing and the defendant’s deviation from that standard.” Scittarelli v. Providence Gas Co., 415 A.2d 1040, 1043 (R.I.1980). | 1 | 1 |
Marshall v. Tomaselligreen2 sentences1980See Marshall v. Tomaselli, 118 R.I. at 196 , 372 A.2d at 1283 ; Prosser, Law of Torts § 53 (4th ed. 1971). 1980See Marshall v. Tomaselli, 118 R.I. at 196 , 372 A.2d at 1283 ; Prosser, Law of Torts § 53 (4th ed. 1971). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cheryl Daniels, Individually and as Mother and Next Friend of Anthony Daniels, a minor v. Zachery Fluette
green
1 sentence2021In fact, in a case decided after Medeiros, we held, in the context of the school setting, that “a plaintiff seeking to hold a school liable for injuries resulting from the acts of another student must show that such acts could have been reasonably foreseen by the school.” Daniels, 64 A.3d at 307 . | 1 | 2021–2021 |
Sheeley v. Memorial Hospital
green
1 sentence2009Boccasile v. Cajun Music Ltd., 694 A.2d 686, 689-90 (R.I.1997); see also Riley v. Stone, 900 A.2d 1087, 1095 (R.I.2006); Sheeley, 710 A.2d at 164 . 14 “Expert *595 testimony is needed to explain * * * what proper procedures and alternatives are available to a physician * * * [and] to show why the procedures followed by the defendant physician were negligent, and not legitimate, alternatives.” Sousa v. Chaset, 519 A.2d 1132, 1135 (R.I.1987). | 1 | 2009–2009 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.