third prong test (Rhode Island) · Go Syfert
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third prong test in Rhode Island

11 Rhode Island opinions name it 2 courts 1991–2020 0 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.

Followed or applied (6)

CaseFollowedCited
Cranston Police Retirees Action Committee v. The City of Cranston, by and through its Finance Director Robert Strom and its City Treasurer David Capuanogreen
ri · 2019 · cited in 2 Rhode Island opinions naming this issue, 2020–2020
2 sentences

2020Id. at 572, 574 .

2020Id. at 572, 574 .

22
Martellucci v. Federal Deposit Insurancegreen
ri · 2000 · cited in 2 Rhode Island opinions naming this issue, 2001–2006
2 sentences

2006As this Court has held, the third prong of the test “was never intended to impose a literal requirement for the alleged tortfeasor to have called the public-safety officers to the scene in order for the rule to apply.” Krajewski v. Bourque, 782 A.2d 650, 652 (R.I.2001) (quoting Martellucci v. F.D.I.C., 748 A.2d 829, 832 (R.I.2000)).

2001We stated that the third prong of the rule “was never intended to impose a literal requirement for the alleged tortfeasor to have called the public-safety officers to the scene in order for the rule to apply.” Id.

12
Krajewski v. Bourquegreen
ri · 2001 · cited in 1 Rhode Island opinions naming this issue, 2006–2006
1 sentence

2006As this Court has held, the third prong of the test “was never intended to impose a literal requirement for the alleged tortfeasor to have called the public-safety officers to the scene in order for the rule to apply.” Krajewski v. Bourque, 782 A.2d 650, 652 (R.I.2001) (quoting Martellucci v. F.D.I.C., 748 A.2d 829, 832 (R.I.2000)).

11
State v. Donatogreen
ri · 1991 · cited in 1 Rhode Island opinions naming this issue, 1995–1995
1 sentence

1995Donato, 592 A.2d at 142 (in part quoting State v. Estrada, 537 A.2d 983, 987 (R.I.1988)).

11
State v. Estradagreen
ri · 1988 · cited in 1 Rhode Island opinions naming this issue, 1995–1995
1 sentence

1995Donato, 592 A.2d at 142 (in part quoting State v. Estrada, 537 A.2d 983, 987 (R.I.1988)).

11
State v. Mancinigreen
ri · 1971 · cited in 1 Rhode Island opinions naming this issue, 1991–1991
2 sentences

1991In State v. Collazo, 446 A.2d 1006 (R.I.1982), this court acknowledged that an opening remark made by a prosecutor may be improper; however, it will not be considered harmful or prejudicial unless it contains extraneous information and it tends “ ‘to inflame and arouse the passions of the jury’ against the defendant.” Id. at 1010 (quoting State v. Mancini, 108 R.I. 261, 273-74 , 274 A.2d 742, 748 (1971)).

1991In State v. Collazo, 446 A.2d 1006 (R.I.1982), this court acknowledged that an opening remark made by a prosecutor may be improper; however, it will not be considered harmful or prejudicial unless it contains extraneous information and it tends “ ‘to inflame and arouse the passions of the jury’ against the defendant.” Id. at 1010 (quoting State v. Mancini, 108 R.I. 261, 273-74 , 274 A.2d 742, 748 (1971)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Aetna Casualty & Surety Co. v. Vierra green
ri · 1993
2 sentences

2001The plaintiffs also contended that defendants’ failure to sand their driveway amounted to gross negligence or wrongful *653 intentional conduct rather than ordinary negligence, and, alternatively, that defendants’ conduct constituted a subsequent and independent tort, falling outside the purview of the rule, as in Vierra, 619 A.2d at 439 .

2000Rather, the third prong of the rule — “that the tortfeasor is the individual who created the dangerous situation which brought the police officer or firefighter to the crime scene, accident scene, or fire,” id. at 439 — is meant to assure that some nexus or connection exists between the alleged wrongdoer and the event or emergency that caused the public-safety officer’s presence at the location where the officer is injured.

31996–2001
Narragansett Electric Co. v. Carbone green
ri · 2006
1 sentence

2014Narragansett Electric Co., 898 A.2d at 100 .

12014–2014
Fund for Community Progress v. United Way of Southeastern New England green
ri · 1997
1 sentence

2008The equities are determined by "examining the hardship to the moving party if the injunction is denied, the hardship to the opposing party if the injunction is granted and the public interest in denying or granting the requested relief." Fund for Community Progress , 695 A.2d at 521 (citing In re State Employees' Unions , 587 A.2d 919 , 925 (R.I. 1991)).

12008–2008
In Re State Employees' Unions green
ri · 1991
1 sentence

2008The equities are determined by "examining the hardship to the moving party if the injunction is denied, the hardship to the opposing party if the injunction is granted and the public interest in denying or granting the requested relief." Fund for Community Progress , 695 A.2d at 521 (citing In re State Employees' Unions , 587 A.2d 919 , 925 (R.I. 1991)).

12008–2008
Hilton Oil Transp. v. Oil Transp. Co. green
fladistctapp · 1995
1 sentence

2004Id.

12004–2004
State v. Collazo green
ri · 1982
2 sentences

1991In State v. Collazo, 446 A.2d 1006 (R.I.1982), this court acknowledged that an opening remark made by a prosecutor may be improper; however, it will not be considered harmful or prejudicial unless it contains extraneous information and it tends “ ‘to inflame and arouse the passions of the jury’ against the defendant.” Id. at 1010 (quoting State v. Mancini, 108 R.I. 261, 273-74 , 274 A.2d 742, 748 (1971)).

1991In State v. Collazo, 446 A.2d 1006 (R.I.1982), this court acknowledged that an opening remark made by a prosecutor may be improper; however, it will not be considered harmful or prejudicial unless it contains extraneous information and it tends “ ‘to inflame and arouse the passions of the jury’ against the defendant.” Id. at 1010 (quoting State v. Mancini, 108 R.I. 261, 273-74 , 274 A.2d 742, 748 (1971)).

11991–1991

Where else courts name it

PA 112 (1979–2025) NY 51 (1981–2025) GA 35 (1987–2026) TX 34 (1983–2024) WA 25 (1988–2024) MS 23 (1990–2025) CA 23 (1981–2024) OH 23 (1990–2026) IL 22 (1989–2026) NJ 20 (1999–2020) MN 19 (1989–2023) CT 19 (1992–2025) MI 18 (1995–2026) NH 13 (1991–2022) NM 12 (1992–2024) CO 12 (1994–2018) WI 12 (1979–2025) RI 11 (1991–2020) MA 11 (1996–2018) KY 11 (1994–2021) MD 9 (2009–2020) WV 8 (1986–2023) DC 7 (1984–2024) UT 7 (1998–2025) FL 7 (1994–2017) ND 6 (2006–2018) HI 6 (1998–2026) AL 6 (1995–2005) OR 6 (1994–2024) NC 6 (1988–2012) LA 6 (1989–2024) IN 5 (1997–2023) VT 5 (2001–2023) ID 5 (1991–2020) MT 5 (2005–2012) MO 4 (1992–2018) VA 4 (2000–2022) TN 4 (2002–2019) OK 4 (2014–2019) ME 4 (1990–2014) NV 3 (2019–2019) SD 3 (1986–2001) WY 2 (2007–2007) NE 2 (1999–2001) DE 2 (1996–2023) AR 2 (1996–1996) IA 2 (2012–2012)

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.

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