Kuzniar v. Keach

OPINION

FLANDERS, Justice.

When, as here, a governmental entity and/or its officials are sued for alleged negligence, a Superior Court trial justice—rather than a jury—should determine the existence of any legal duties owing to the plaintiff and communicate to the jury what those duties consist of under the circumstances of the ease. The trial justice should do so even when the existence of certain predicate, duty-triggering facts is disputed by the parties. In such a case the trial justice should instruct the jury that the extent and nature of any legal duties owed will depend upon whether it…