No. 09-376 Rebecca Gushlaw v. Mattnew Milner (full briefing)
No. 09-368 Ferman Cipriano v. Prov. Sch. Bd. (show cause or FCC)
No. 09-358 Michael Derderian v. Essex Ins. Co. (full briefing)
No. 09-357 Dana Meade v. City of Woonsocket (show cause)
(Consolidated with No. 09-363 Bryan St. Pierre v. City of Woonsocket)
These consolidated civil cases are before the Court on the appeal of the defendant/third-party plaintiff, the City of Woonsocket, from the Superior Court’s grant of summary judgment in favor of the third-party defendant, Power Service, Inc., with respect to all three counts contained in the City’s third-party complaint. The City argues that the motion justice erred in finding that the statute of repose found at R.I. Gen. Laws 1956 § 9-1-29 barred the City’s tort-based claims against PSI for work performed in 1978 upon real property owned by the City, and that the motion justice also erred in refusing to grant the City a continuance pursuant to Rule 56(f) of the Superior Court Rules of Civil Procedure. The City further argues that the motion justice erred in denying the City’s motion for leave to amend its third-party complaint against PSI to add a count for breach of implied warranty, set forth by the City to preserve its claims against PSI in the face of summary judgment on the tort claims. Lastly, the City claims that the motion justice erroneously limited damages on any future breach of implied warranty claims by the City against PSI.
2009-374-A. RI Construction Servicess. v. Harris Mill (full briefing)
Thomas Lonardo & Associates, Inc. (TLA), a creditor in the receivership proceedings for Harris Mill, appeals from an order authorizing the 2009 auction of real property owned by Harris Mill (2009-374-A.). TLA also appeals from the final order entered in the receivership action (2010-397-A.). In addition, TLA is before this court on TLA’s petition for certiorari (2010-422-M.P.) seeking review of a 2008 Superior Court order allowing Petra Finance, the first mortgage holder on the Harris Mill property, to file an answer and statement out of time in response to the filing of TLA’s mechanic’s lien. All three of these proceedings have been consolidated before this Court. TLA contends that the Superior Court judge erred in finding that Petra had demonstrated excusable neglect for failing to file an earlier answer and statement in response to TLA’s mechanic’s lien.
No. 09-349 Drs. Pass & Bertherman, Inc. v. Neighborhood Health (full briefing)
No. 09-312 Cheaters Inc. v. United Nat’l Ins. Co. (full briefing)
(Also related to No. 09-313)
No. 09-297 Jennifer and Jeremy Swain v. Estate of Shelley Tyre, et al. (full briefing)
No. 09-277 Joseph J., Jr. and Anita L. McGarry v. Alfred J. Coletti (full briefing)
No. 09-236 Town of Portsmouth et al. v. Jerry Ims (full briefing)
(Also related to Nos. 09-237, 09-238, and 09-239)
No. 09-226 Athena Prov. Place v. City of Prov. (show cause)
No. 09-215 Watson v. Murphy (full briefing)
Nos. 09-139, Condo Assoc. v. City of Prov. (show cause)
Foundry Development Associates, LLC has filed appeals in these two related cases, seeking review of a Superior Court order dismissing the plaintiffs’ respective complaints and finding that Foundry’s motion to intervene in the matter was therefore moot. The complaints filed by the plaintiffs below essentially alleged that the defendants took actions that resulted in the improper abandonment of a portion of Harris Avenue in the city of Providence, to the detriment of the plaintiffs. Foundry contends that it should have been allowed to intervene in the cases because it is the owner of property located within a 200-foot radius of the portion of the road to be abandoned.
No. 09-118 Patricia Lett v. Louis Guiliano, Jr. (full briefing)