The Rhode Island Supreme Court recently reversed a lower court’s decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter of law. The case was filed by a man who broke his neck and was paralyzed after he dove into a pond at a World War II veterans memorial park that was operated by the state. He alleged that the defendants were negligent in their operation of the pond by allowing swimming but failing to adequately warn the public of the shallow water and diving danger.
The Plaintiff Breaks His Neck After Diving into Murky Water
The plaintiff in the case of Roy v. Rhode Island is a man who was severely injured and left paralyzed from the neck down after he dove from an apparent diving platform into shallow water in a pond on the grounds of a veterans memorial park operated by the defendant. According to the facts, as reflected in the appellate opinion, the pond was man-made and operated much like a swimming pool. There were “no swimming” signs posted around the pond, although swimming would be permitted occasionally and the state employed lifeguards, even at times when swimming was not technically allowed. The plaintiff’s injury occurred when he dove into the pond from a wall that had reportedly been used frequently by members of the public for diving, although diving was not permitted, and the depth of the pond floor varied considerably.
The Trial, the Verdict, and the Appeal
After a long jury trial and over a week of deliberations, the jury reached a verdict that found the defendant had been negligent in failing to warn the plaintiff of the latent danger posed by the shallow water. However, the jury decided not to award any damages to the plaintiff. The plaintiff argued that the verdict was not consistent with the instructions given to the jury, and demanded a new trial, which was granted by the trial court. The defendant appealed the ruling to the state supreme court, additionally arguing that it was entitled to judgment as a matter of law under the state recreational use statute.