Cayer v. Cox R.I. Telecom, LLC
Annotate this CaseA work van being driven by cable installer Nelson Ovalles collided with a car being driven by Barbara Cayer. Cayer filed a lawsuit against Ovalles and the company on whose behalf Ovalles apparently performed cable-installation work, Cox Rhode Island Telecom, LLC (“Cox”). Cox filed a motion for summary judgment, arguing that it could not be vicariously liable for Ovalles’s actions because it did not own the vehicle or have an employment relationship with Ovalles. The superior court granted the motion. Cayer appealed, contending (1) genuine issues of material fact existed as to whether Ovalles was Cox’s employee at the time of the accident, and (2) the superior court erred by denying her motion to amend her complaint to assert claims against a contractor for Cox. The Supreme Court (1) affirmed the grant of summary judgment in favor of Cox because Ovalles could not be considered Cox’s employee; and (2) denied and dismissed the appeal with regard to the motion to amend, holding that it was improperly before the Court because the order denying Cayer’s motion to amend did not fall within an exception to the final-judgment rule.
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