Trial Magazine

Brett Smith, a 30-year-old former U.S. Marine, attended his brother’s rehearsal dinner at the Whispering Pines Conference Center, a for-profit facility operated by the University of Rhode Island. A group of people decided to go swimming in a pond on the center’s grounds and began to jump off a rock that extruded from the bottom of the pond. Smith turned as he jumped, and his head hit another submerged rock. He suffered cervical injuries at C5-6 and now has quadriplegia with some movement in his arms. His medical expenses were more than $1 million.

Smith and his wife sued the university and the conference center, alleging the defendants negligently failed to warn against unseen hazards in the water, maintain the pond in a safe condition, and prevent foreseeable activities in the pond.

The defense argued that Smith had failed to act in a responsible manner.

The jury awarded $31.5 million, including $3 million to Smith’s wife. The jury found that Smith was 23 percent at fault.

Citation: Smith v. Univ. of R.I., No. PC 2015-4812 (R.I. Super. Ct. Bristol Cnty. July 17, 2018).

Plaintiff counsel: AAJ members Patrick C. Barry and Timothy J. Grimes, both of Providence, R.I.