Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)

Citation: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Parent Document: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Jurisdiction: Rhode Island (state)
Effective Date: 2001-06-26
Original Source: https://www.courtlistener.com/opinion/1515698/kingstown-mobile-home-park-v-st... ↗

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It is well settled that the findings by a trial justice sitting without a jury in a civil case are accorded great weight and will not be disturbed on review “unless such findings are clearly erroneous or unless the trial justice misconceived or overlooked material evidence or unless the decision fails to do substantial justice between the parties.” Harris v. Town of Lincoln, 668 A.2d 321, 326 (R.I.1995). Here, the Superior Court justice’s findings included her assessment that “the instant action was commenced by [Krzak] *859without probable cause and that it terminated unsuccessfully, * * * that the conduct of [Krzak] was malicious[,] [and that her] hostile motive was inferred by the lack of probable cause and also from the evidence.” The justice further stated that she had “observed the testimony of [Krzak], the demeanor of [Krzak] when she testified, particularly when cross-examined by [Strashnick’s] attorney,” and she concluded that “this action was commenced because [Krzak] had great feelings of hostility toward [Strashnick] * * * [a]nd great feelings of frustration at failing to succeed when she attempted to evict him in the past.” The trial justice found that Krzak was “primarily motivated by ill will or hostility and did not actually believe that she would succeed with the action * * * and [that] she was seeking possession by harassing [Strash-nick] into submission.”

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