Hall v. Hornby
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R.I. Gen. Laws 10-6-2 means that the release of the master from liability also releases the servant.
The Supreme Court affirmed the judgment of the superior court granting summary judgment for Defendants in this negligence case filed against two nurses. Plaintiff’s complaint was nearly identical to the one she had brought against Tavares Pediatric Center and later settled. In their motion for summary judgment, Defendants argued that Plaintiff’s claims were barred by R.I. Gen. Laws 10-6-2, which provides “that a master and servant or principal and agent shall be considered a single tortfeasor.” Specifically, Defendants maintained that because they and Tavares stood in a master-servant relationship, they should be considered a single tortfeasor and thus released from liability pursuant to Plaintiff’s release of Tavares from liability. The trial justice agreed. The Supreme Court affirmed, holding that section 10-6-2 foreclosed Plaintiff’s claims in this case.
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