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Rhode Island Tort Law and Personal Injury Practice
Ronald J. Resmini

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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.

John J. Bourcier, March 1990
(Former Justice, Supreme Court of Rhode Island)


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.

Since the book's inception, all proceeds from its sale have gone to charitable institutions, primarily the Rhode Island Bar Association, and will continue to be so donated in the future.  At its best, the legal profession fosters comradeship, professionalism, and the desire to serve our clients at the cost of sacrifice, selflessness and good deeds.  I have donated my time and energies to this project in furtherance of those goals.

Ronald J. Resmini, Esq.
March 1999

 
Summary of Chapters

 1.    INTENTIONAL TORTS
 2.    NEGLIGENCE
 3.    NEGLIGENT INFLICTION OF      EMOTIONAL DISTRESS
 4.    VICARIOUS LIABILITY
 5.    STATUE OF LIMITATIONS
 6.    IMMUNITIES
 7.    OWNERS AND OCCUPIERS OF LAND
 8.    PROFESSIONAL MALPRACTICE
 9.    PRODUCTS LIABILITY
 10.  DOG BITE STATUTE
 11.  LIQUOR LIABILITY
 12.  DEFAMATION
 13.  INVASION OF PRIVACY
 14.  MISUSE OF LEGAL PROCEDURE
 15.  TORTIOUS INTERFERENCE WITH       BUSINESS RELATIONSHIPS
 16.  TORTIOUS INTERFERENCE WITH FAMILIAL RELATIONSHIPS
 17.  NUISANCE
 18.  WRONGFUL DEATH
 19.  DAMAGES IN PERSONAL INJURY ACTIONS
 20.  JOINT TORTFEASORS
 21.  AUTOMOBILES
 22.  INSURANCE LAW - GENERALLY
 23.  UNINSURED MOTORIST COVERAGE
 24.  MOTOR VEHICLE LIABILITY INSURANCE
 25.  AUTOMOBILE MEDICAL PAYMENTS COVERAGE
 26.  HOMEOWNER'S POLICIES
 27. ARBITRATION OF PERSONAL INJURY CLAIMS
 28.  SETTLEMENT

Tables
Index

 

See Also... Rhode Island Civil Practice and Procedure