Malinowski v. United Parcel Service, Inc.

OPINION

This case concerns a tragic event resulting in the death of a fourteen-year-old boy who was struck and killed by a tractor-trailer truck. Following the close of evidence, the trial justice charged the jury on the sudden emergency doctrine and the jury returned a defendants’ verdict. We ordered the parties to appear before this Court in order to show cause why this appeal should not be summarily decided. None having been demonstrated, we proceed to vacate the judgment at this juncture.

In the afternoon of December 27, 1991, Michael Malinowski (Michael), a fourteen-year-old boy, was…