Credibility

Defendant appealed the decision of the trial judge sustaining the charged violation of R.I.G.L. 1956 § 31-26-5 (duty in accident resulting in damage to highway fixtures).  Defendant argued that the trial judge’s decision was clearly erroneous because he credited the testimony of the Officer and a witness over her own testimony.  Specifically, Defendant testified that she did not drive on the day of the alleged accident, and that photographs she introduced at trial showed no damage to her vehicle.  However, the Officer testified that the photographs did in fact show damage to Defendant’s vehicle, and testified that he traced skid marks from her vehicle back to the damaged curb.  The witness testified that he observed Defendant’s vehicle strike the curb, causing damage to the curb, and drive away.  The Panel held that the trial judge properly considered all of the evidence, and properly chose to adopt the testimony of the Officer and the witness.  Accordingly, the Panel sustained the charged violation.

City of Warwick v. Rhonda Krikorian, C.A. No. T12-0009 (May 7, 2012).pdf