Defendant appealed a decision of the trial judge sustaining a violation of G.L. 1956 § 31-18-8 (due care by drivers). Defendant’s vehicle struck a fifteen-year-old girl while she was in a crosswalk. Defendant argued that the trial judge erred in sustaining the violation because the citation contained an error, listing the road conditions as dry when, in fact, they were wet and icy. Whether the citation’s description of the road conditions was an error was a question of fact, and the Appeals Panel properly deferred to the credibility findings of the trial judge. As such, the Appeals Panel held that the trial judge’s decision was not clearly erroneous. Additionally, Defendant argued that the trial judge erred by failing to apply the “sudden emergency doctrine” because Defendant could not have reasonably foreseen the girl crossing the street. The sudden emergency doctrine is only applicable “when one is confronted with an unforeseeable emergency not caused by his or her own negligence.” Malinowski v. United Parcel Service, Inc., 727 A.2d 194, 197 (R.I. 1999). The Appeals Panel held that the sudden emergency doctrine was not applicable in the instant case because “it is reasonably foreseeable that pedestrians will cross the street in a crosswalk.” Accordingly, the Appeals Panel affirmed the decision of the trial judge.
State of Rhode Island v. Hakeem Pelumi, No. T18-0006 (October 15, 2018)
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions