defendant deviated standard (Rhode Island) · Go Syfert
← Rhode Island issues

defendant deviated standard in Rhode Island

6 Rhode Island opinions name it 2 courts 2006–2023 1 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 (3)

CaseFollowedCited
Riley v. Stonegreen
ri · 2006 · cited in 5 Rhode Island opinions naming this issue, 2008–2023
2 sentences

2023It 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).

2011A plaintiff who asserts a cause of action based on negligence has the burden to "establish a standard of care and prove, by a preponderance of the evidence, that the defendant deviated from that standard of care." Id. (quoting Riley v. Stone , 900 A.2d 1087 , 1095 (R.I. 2006)). 1 Economic Loss Doctrine Under the economic loss doctrine "a plaintiff is precluded from recovering purely economic losses in a negligence cause of action." Franklin Grove Corp. v. TNT Bldg.

35
Morales v. Town of Johnstongreen
ri · 2006 · cited in 3 Rhode Island opinions naming this issue, 2006–2009
2 sentences

2009A plaintiff who asserts a cause of action based on negligence has the burden to “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) (citing Morales v. Town of Johnston, 895 A.2d 721, 732 (R.I.2006)).

2008The plaintiff first 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) (citing Morales v. Town of Johnston, 895 A.2d 721, 732 (R.I.2006)).

33
Mills v. State Sales, Inc.green
ri · 2003 · cited in 1 Rhode Island opinions naming this issue, 2023–2023
1 sentence

2023Furthermore, “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.

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 (2)

CaseCitedYears
Santana v. Rainbow Cleaners, Inc. green
ri · 2009
2 sentences

2011A plaintiff who asserts a cause of action based on negligence has the burden to "establish a standard of care and prove, by a preponderance of the evidence, that the defendant deviated from that standard of care." Id. (quoting Riley v. Stone , 900 A.2d 1087 , 1095 (R.I. 2006)). 1 Economic Loss Doctrine Under the economic loss doctrine "a plaintiff is precluded from recovering purely economic losses in a negligence cause of action." Franklin Grove Corp. v. TNT Bldg.

2010A plaintiff who asserts a cause of action based on negligence has the burden to "establish a standard of care and prove, by a preponderance of the evidence, that the defendant deviated from that standard of care." Id. (quoting Riley v. Stone , 900 A.2d 1087 , 1095 (R.I. 2006)).

22010–2011
Franklin Grove Corp. v. Drexel green
ri · 2007
1 sentence

2011Corp. , 936 A.2d 1272 , 1275 (R.I. 2007) (quoting Boston Inv.

12011–2011

Where else courts name it

IL 32 (1990–2021) CT 14 (1995–2014) TX 7 (1997–2026) RI 6 (2006–2023) TN 5 (1988–2002) ME 5 (2005–2014) NY 4 (2004–2019) PA 3 (1993–2017) NJ 2 (1960–2007) FL 2 (1997–2001)

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.

← Caselaw search · G Cite Topics · Brief Check