Justia Injury Law Opinion Summaries

The Supreme Court affirmed the order of the superior court denying Plaintiffs' motion for a new trial after a jury found in favor of Defendants in this negligence action, holding that the motion was properly denied.Plaintiffs filed a complaint alleging negligence against Defendants seeking damages for injuries Plaintiff sustained when she slipped on some ice on pavement on Defendants' property. Plaintiffs also sought punitive damages, alleging that Defendants' conduct was reckless and willful. The punitive damages claim was dismissed after Plaintiffs rested their case. After deliberating, the jury rendered a verdict in favor of Defendants. Plaintiffs moved for a new trial, arguing that the verdict was against the weight of the evidence and failed to do substantial justice between the parties. The trial justice denied the motion. The Supreme Court affirmed, holding that the trial justice did not overlook or misconceive material and relevant evidence and was not otherwise clearly wrong in denying Plaintiffs' motion for a new trial. View "Letizio v. Ritacco" on Justia Law

In this personal injury suit seeking damages for injures alleged to be caused by defects in a public park, the Supreme Court affirmed the judgment of the superior court granting summary judgment in favor of the City of East Providence, holding that the City was immune from liability under the Recreational Use Statute, R.I. Gen. Laws chapter 6 of title 32 (RUS).Plaintiff was injured while riding his bicycle through Glenlon Park, located in East Providence. Plaintiff brought this action claiming that Defendant was negligent in maintaining the park. Defendants moved for summary judgment, arguing that the City was immune from liability under the RUS because the park was open to the public for recreational purposes and the City did not act in a willful or malicious manner in failing to guard or warn against a known danger. The superior court granted summary judgment for the City. The Supreme Court affirmed, holding (1) the City was immune from liability under the RUS; (2) the spoliation doctrine did not apply to the circumstances presented in this case; and (3) the superior court did not err in refusing to apply the exception to the RUS, R.I. Gen. Laws 32-6-5(a)(1), to Plaintiff's claim. View "Yattaw v. City of East Providence" on Justia Law

The Supreme Court affirmed the entry of summary judgment in favor of Dr. Shea Gregg in this wrongful death action, holding that the superior court correctly found that the statutory period for filing a wrongful death action had expired.Plaintiff filed a second amended complaint against a hospital and physicians, including Dr. Gregg, that had been involved in the decedent’s care, alleging negligent treatment leading to the wrongful death of the decedent. Dr. Gregg filed a motion for summary judgment asserting that the statute of limitations for wrongful death had expired before he had been added as a defendant. The superior court agreed and granted the motion. Thereafter, judgment was entered in favor of Dr. Gregg. The Supreme Court affirmed, holding that Plaintiff’s wrongful death claim against Dr. Gregg was time barred. View "Parrillo v. Rhode Island Hospital" on Justia Law

In this action involving various allegations against the former mayor of the City of Central Falls, the Supreme Court affirmed the decision of the superior court granting summary judgment in favor of Defendant, the Rhode Island Interlocal Risk Management Trust, holding that summary judgment was properly granted.Specifically, the Supreme Court held (1) the complex nature of the case did not preclude the hearing justice from considering the Trust’s summary judgment motions; (2) res judicata did not bar new claims made by two plaintiffs, but those claims were barred by the pertinent statute of limitations; and (3) regarding old claims brought by the same two plaintiffs, the hearing justice did not err in granting summary judgment on Plaintiffs’ claims for intentional infliction of emotional distress, public disclosure of private facts and false light, and defamation. View "Shannahan v. Moreau" on Justia Law

The Supreme Court affirmed the judgment of the superior court entering summary judgment in favor of Defendants, the City of Providence and various City officials, on Plaintiff’s complaint alleging, among other things, that Ira Lukens suffered serious injuries as a result of the City’s negligence in maintaining Roger Williams Park.On appeal, Plaintiff asserted that there remained genuine issues of material fact whether the City knew of the dangerous condition of a pothole on a park street and whether it “willfully and/or maliciously failed to warn against it,” which would strip the City of the protection against liability afforded under Rhode Islan d’s Recreational Use Statute (RUS). The Supreme Court held (1) immunity under the RUS clearly applied to the City; and (2) the exception provided in R.I. Gen. Stat. 32-6-5(a)(1) did not apply because there was no evidence that the City had actual knowledge of the pothole or had received complaints regarding the condition of the roadway. View "Cancel v. City of Providence" on Justia Law

The Supreme Court affirmed the judgment of the superior court granting summary judgment for Defendant, Chase Bank USA, N.A., on Plaintiff’s claims alleging that Chase agreed to issue him two new loans to pay promissory notes secured by mortgages on his two properties, but that Pasquale Scavitti III, whom Chase engaged as its closing agent, converted the loan proceeds for his own use and failed to disburse them.The hearing justice determined that summary judgment was appropriate because, even if Scavitti were Chase’s agent, there was no genuine issue of material fact as to whether Scavitti’s conduct was within the scope of the purported agency relationship with Chase. The Supreme Court affirmed, holding that the hearing justice’s grant of summary judgment in Chase’s favor was proper. View "Pineda v. Chase Bank USA, N.A." on Justia Law

The Supreme Court affirmed the judgment of the superior court granted summary judgment in favor of Defendants on Plaintiff’s complaint alleging intentional infliction of emotional distress, negligent infliction of emotional distress, loss of consortium, and invasion of privacy.Plaintiff’s claims stemmed from an incident in which one of the defendants allegedly berated Plaintiff, a Providence Fire Department employee, for allowing one of his dispatchers to be sprawled in his chair while on duty. Plaintiff was later transferred and demoted. Plaintiff filed two grievances against the City, alleging breach of the applicable collective bargaining agreement. The grievances were settled at arbitration for a monetary payment. After Plaintiff retired, he filed this complaint against the City and some of its officers. The hearing justice granted summary judgment in favor of Defendants on all counts of Plaintiff’s complaint. The Supreme Court affirmed, holding that Plaintiff failed to allege any conduct by the City that was extreme or outrageous. View "Gross v. Pare" on Justia Law

The Supreme Court affirmed in part and vacated in part the judgment of the superior court granting summary judgment for Defendant, Price Rite, on count one of Plaintiff’s complaint and also granting Defendant’s motion to dismiss the remaining four counts.Plaintiff slipped and fell on liquid in an aisle of a store owned by Defendant. Plaintiff’s amended complaint alleged negligence, breach of contract, mode of operation, failure to warn, and breach of the implied warranties of merchantability, fitness for use, and fitness for a particular purpose. The court granted summary judgment on the negligence count and dismissed the remaining counts. The Supreme Court vacated the judgment of the superior court granting summary judgment on Plaintiff’s negligence claim and affirmed the dismissal of the remaining counts, holding (1) Plaintiff satisfied her burden of producing competent evidence that proved the existence of a disputed issue of material fact with respect to Defendant’s safety procedures or lack thereof, (2) the trial judge impermissibly weighed the evidence in his decision granting summary judgment, and (3) there is no requirement at the summary judgment stage for a plaintiff to produce direct evidence of how long a spill has existed on a floor. View "Dent v. PRRC, Inc." on Justia Law

The Supreme Court vacated the judgment of the superior court granting summary judgment for Defendants on Plaintiff’s negligence claim.Plaintiff, a former college hockey player, filed this negligence suit alleging that he inhaled noxious fumes while playing in a game at an arena owned by Defendant DRF Arena, LLC and operated by Defendant Rhode Island Sports Center, Inc. The superior court granted summary judgment in favor of Defendants. The Supreme Court vacated the superior court’s judgment and remanded the case for trial, holding that Defendants’ alleged negligence was a question that should have been left for the jury, and therefore, the superior court erred by disposing of the case by summary judgment. View "DeLong v. Rhode Island Sports Center, Inc." on Justia Law

The Supreme Court vacated the judgment of the superior court and remanded this case to the superior court with directions to hear and decide Plaintiff’s motion to amend his complaint upon the merits, holding that the trial justice erred in failing to address Plaintiff’s motion to file a second amended complaint.Plaintiff, an inmate, filed an amended civil complaint alleging negligence on the part of State defendants. Before trial, the trial justice sua sponte raised the issue of the civil death statute in light of Plaintiff’s sentences of life imprisonment. Defendants then filed a motion to dismiss the case under R.I. Gen. Laws 13-6-1, arguing that Plaintiff was deemed civilly dead, and therefore, his civil rights were effectively terminated. Plaintiff then filed a motion for leave to file a second amended complaint seeking to add a claim for violations of Plaintiff’s constitutional rights under color of law. The trial justice granted Defendants’ motion to dismiss based on the civil death statute and did not address Plaintiff’s motion for leave to file a second amended complaint. The Supreme Court held that the trial justice accurately dismissed the case but should have addressed Plaintiff’s second amended complaint before granting Defendants’ motion to dismiss. View "Gallop v. Adult Correctional Institutions" on Justia Law