DiMeo v. Philbin

OPINION

This matter came before the Supreme Court on an order issued to the defendant to appear and show cause why the plaintiffs appeal should not be summarily sustained. In showing cause, the defendant was directed to address the question of whether the trial justice’s instructions to the jury were erroneous.

The plaintiff had challenged three separate sections of the trial justice’s charge. However, we find only one issue to be dispositive and therefore need not reach the remaining two.

This case arose out of a rear-end collision between defendant’s truck and plaintiff’s passenger vehicle. At…