Martin v. Lilly

In June 1972, a car owned by George Bibeault (plaintiff) and being driven by Karen Martin (plaintiff) collided with a car allegedly owned by Dean Auto Body, Incorporated (defendant) and being driven by Maria Lilly (defendant). The accident led to three actions for damages between the various parties. In one action, Martin, Bibeault, and Bibeault’s wife sued Dean and Lilly for personal injuries that they suffered in the collision. The claims against Dean were based on a Rhode Island statute that makes the owner of a motor vehicle liable for injuries caused by someone using the vehicle with the owner’s permission. Dean did not file an answer in that action. The court consolidated the actions for trial. At trial in superior court, Martin testified that Lilly had told her that Dean owned the vehicle that Lilly was driving. Dean objected to this testimony as hearsay, but the court overruled the objection. After the plaintiffs had rested and the defense had already begun presenting witnesses, Dean moved to amend its answer to assert the defenses of lack of consent and lack of ownership of the vehicle. The court denied Dean’s motion, noting that Dean had never filed an answer in the personal-injury action. At the close of the evidence, Dean moved for a directed verdict. Dean argued that Martin and the Bibeaults had failed to establish ownership because Martin’s hearsay testimony was the only evidence that Dean owned the vehicle. The court denied the motion. The jury returned verdicts for Martin and the Bibeaults, and Dean appealed.