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Description
This two-volume set offers an
analysis of statutes, common law and case law pertaining to torts, motor
vehicles, insurance, and arbitration of tort and insurance claims. Includes
references to West's key number system, Am. Jur.2d, C.J.S., and A.L.R.
annotations. Volume 2 contains an appendix of rules governing arbitration,
tables of cases, statutes, and court rules cited in the publication.
Supplemented with annual pocket parts.
Author's Preface to the
First Edition
This two-volume work is a comprehensive survey and analysis of
personal injury laws in Rhode Island, addressing the general subjects of torts
and insurance. As part of the Butterworth Rhode Island Practice Series, this
book is intended to provide aid and guidance as a research tool for legal
practitioners in the Rhode Island community. I have attempted to present the
law in a purely objective manner, and I hope my twenty-year professional
experience as primarily a plaintiff's lawyer has not unwittingly injected any
bias into the text.
Although I have tried to be as concise as possible in presenting the many facets
of personal injury law, I have dedicated the most extensive treatment to the
complex and much- litigated subject of uninsured motorist insurance, in part
because American law schools and legal periodicals fail to offer much
instruction on this subject. This lack of legal scholarship seems incongruous
when one considers the frequency with which legal practitioners will encounter
suits which, at least marginally, concern disputes over uninsured motorist and
uninsured/underinsured motorist insurance policy endorsements.
Finally, I would like to express my personal thanks to those individuals who,
over the years, invested their confidence in me and provided opportunities which
unquestionably assisted the advancement of my career, as well as my development
as an individual, namely: the late Reverend John Feeney, Pastor, St. Joseph's
Church; the late William E. Powers, Justice of the Supreme Court of Rhode
Island; Professor John F.X. O'Brien; Henry J. Fazzano; the Christian Brothers of
LaSalle Academy; and the professors of Suffolk University Law School. To my
fellow attorneys with whom I have toiled and combatted over the past twenty
years in a professional capacity, I savor the memories and travails associated
with each adversary and each case.
Ronald J. Resmini, Esq.
March 1990
Foreward to the First
Edition
Attorney Ronald J. Resmini's
two-volume work, Rhode Island Practice: Tort Law and Personal Injury Practice,
is the most definitive work available in that field to help any lawyer prepare
and win his next personal injury case. Good trial lawyers know that more cases
are won in the law library than in the courtroom and Attorney Resmini's treatise
is geared to that objective. For the busy legal practitioner, or for anyone
concerned with tort and insurance law, his treatise is a must.
He has thoroughly reviewed,
analyzed, compiled and set out for quick reference all that one needs to have
when starting out to recognize, deal with and resolve any tort or insurance
question in Rhode Island. If the question has been discussed or decided, it is
in the treatise. If not, there is more than enough good, cogent federal and
out-of-state case law or text reference to point the reader in the right
direction. With Attorney Resmini's treatise, you do not have to think twice
about the problem; once is enough.
His practical and easy to read
style of writing seems to condense what could, in less expert hands, have grown
into just another circumlocuted legal subject book. Readers should be well
pleased with the author's generous and easy to find method of case; text;
statute and legal periodical references which he provides in each of his
twenty-eight treatise chapters.
The chapters covering negligence,
including professional malpractice and damages, are reviewed and discussed with
legal precision. Attorney Resmini's handling of general insurance law and
uninsured motorist problems is superb. His chapter discussion regarding
products liability is, without question, the most concise and understandable
treatment of that subject to find its way into print.
All, in all, it becomes readily
apparent that Attorney Resmini writes from the point of view of the seasoned and
experienced trial lawyer who knows what should be written about subjects
encompassed within the general tort field such as intentional torts; statute of
limitations, vicarious liability; wrongful death; dram shop liability and
defamation. With generous brush, Attorney Resmini even discusses for his
readers, misuse of legal process and proceedings, which should satisfy the fears
of those who sometimes feel overcome by the overzealous practitioner.
His twenty-eight chapters cover the tort and insurance subjects
in a way that has been long needed. No law office library, nor anyone dealing
with tort law and insurance problems should be without it.
Author's Preface to the Second Edition
It has been ten years since the
publication of Rhode Island Tort Law and Personal Injury Practice. The time has
now come for a new and revised edition, which accumulates and incorporates the
many changes that have occurred in Rhode Island jurisprudence since 1990. It is
the author's aspiration that the book will be even easier to use and more
thorough than the prior edition.
During the past ten years,
numerous individuals have approached me and indicated how much this book means
to them. For that reason, this project has continued and will continue in the
future with annual supplements.
I would like to thank Dan Pope,
an associate and friend for the past ten years, whose continued assistance has
ensured the highest quality of legal scholarship. Without his assistance, this
project would not be possible.