The Supreme Court in the State of Rhode Island recently released an opinion in a lawsuit stemming from a two-vehicle crash that injured a school crossing guard. According to the court’s opinion, the plaintiff was standing at her post as a crossing guard when a car that had run a red light slammed into a pickup truck in the intersection. After being hit, the pickup swerved and careened out of control, eventually striking the plaintiff, causing her to be slammed into a wall. The plaintiff ended up suffering serious injuries.
As a result of her injuries, the plaintiff filed a lawsuit against both of the drivers, claiming that they were negligent. The pickup truck driver moved for summary judgment, arguing that the case against him should be dismissed because there was no evidence to indicate that he’d acted negligently on that day – as opposed to the driver of the other car, who’d run a red light. The lower court agreed with the defendant and found that the plaintiff’s assertion that the pickup truck driver was negligent was not supported by anything in the record. The plaintiff then appealed the decision to the Supreme Court of Rhode Island.
The Supreme Court held that just by getting behind the wheel and driving his car on a public road, the pickup truck driver owed a duty of care to others on the road. Further, because he entered the intersection while the light was green does not necessarily mean that his duty of care was fulfilled. As such, the Court held that summary judgment was inappropriately granted because there were genuine issues of material facts that needed to be resolved by the jury.