Giron v. Bailey, 985 A.2d 1003 (2009)

Citation: Giron v. Bailey, 985 A.2d 1003 (2009)
Parent Document: Giron v. Bailey, 985 A.2d 1003 (2009)
Jurisdiction: Rhode Island (state)
Effective Date: 2009-12-18
Original Source: https://www.courtlistener.com/opinion/2056478/giron-v-bailey/ ↗

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We hold that the evidence enabled the jury to conclude, without the necessity of expert testimony, that the landlord’s breach was a proximate cause of Cayeta-no’s fall through the railing onto the sidewalk. Cayetano’s stumble on the poorly maintained porch floor caused him to be propelled to the railing. He grasped the railing with one hand in an attempt to halt his fall, but the railing did not support him. The existence of defects in the railing and the floor, Bailey’s awareness of them, and the failure to sufficiently protect or warn Cayetano about these conditions, is more than sufficient evidence for a jury to find that Bailey’s breach of her duty was the proximate cause of Cayetano’s injuries. On these facts, the jury was not speculating about whether the defendant’s breach of her duty was the proximate cause; there was sufficient evidence of causation and expert testimony was not required. IV Conclusion

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