Supreme Court
Civil Case Summaries 2014
2014-278 State v. Michael Giard (show cause)
The defendant appeals from an adjudication of probation violation. He contends that the trial judge acted arbitrarily and capriciously in finding the victim’s testimony credible. The defendant asserts that the trial judge overlooked inconsistencies in the victim’s testimony and her mother’s testimony on the chronology of events in the case.
2014-334 Louis Paolino, et al. v. Joseph Ferreira, et al. (full briefing)
2014-335
The plaintiffs appeal from a Superior Court judgment in favor of defendants. The plaintiffs also appeal from an order for Rule 11 sanctions against their attorney. The plaintiffs raise numerous issues related to their allegations of trespass and their requests for an injunction and for punitive damages.
2014-293 Bank of America v. P.T.A. Realty, LLC (show cause)
NMLM Realty, LLC and Liberty Title & Escrow Company appeal from a judgment for Bank of America on their petitions for restitution against the Bank of America that arose from this receivership action.
2014-55 Ajax Construction Comp. v. Liberty Mutual Insur. Co. (full briefing)
2014-56
2014-58
In these consolidated cases plaintiff Ajax and defendant Beacon Mutual Insurance Company are before this Court on certiorari from a decision of the Workers’ Compensation Appellate Division. Appellants challenge the determination that Beacon is solely responsible to pay benefits to an injured employee who lived in and was hired in Rhode Island where the Beacon policy was issued when he worked primarily in and was injured at a worksite in Massachusetts where the Liberty policy was issued.
2014-101 Willie Battle v. State (show cause)
The plaintiff appeals from a judgment entered in favor of the state in this slip and fall action. The plaintiff asserts that the trial justice erred in denying his motion for new trial and/or additur, and argues that the state should have been held liable for plaintiff’s injuries under a strict liability standard.
2014-141 Richard Roma v. Ernest Moreira (show cause)
The plaintiffs appeal from a judgment entered in favor of the defendants. The plaintiffs filed this personal injury action after one of the plaintiffs fell on the defendants’ stairs. The plaintiffs contend that the trial justice committed reversible error when she refused to pass the case for alleged juror misconduct.
2014-150 Rosario Turdo v. James Main (show cause)
The plaintiff appeals from a judgment entered in favor of the defendant. The plaintiff contends that the trial judge overlooked and misconceived the evidence in this breach of contract action. The plaintiff also asserts that the verdict unjustly enriched the defendant in granting the defendant’s counterclaim.
2014-239 Melissa Goddard v. APG Security (show cause)
The plaintiff appeals from a judgment dismissing her action on statute of limitations grounds. The plaintiff asserted in this action that the defendants violated the state drug testing statute. She argues on appeal that the hearing judge erred in deciding that the 10-year statute of limitations does not apply to this action.
2014-303 Patricia Botelho v. City of Pawtucket (show cause)
The city of Pawtucket (city) appeals from an entry of summary judgment in favor of the plaintiffs. The plaintiffs are retired non-teaching school department employees. The city contends that the hearing judge erred in deciding that section 19.5 of the collective bargaining agreement in effect when the plaintiffs retired from the city requires the city to provide fully paid health insurance benefits to the plaintiffs until age 65. The city contends that nothing in section 19.5 prevents the city from imposing a co-pay for premiums for the health insurance for retirees. The city asserts that such a co-pay places retirees on the same footing as active city employees who started paying a co-pay for health insurance in 2007.
2014-318 Kathleen Carlson v. Town of South Kingstown (show cause)
The plaintiff appeals from an entry of summary judgment in favor of defendant South Kingstown Little League in this slip and fall action near a batting case for a town little league field. The plaintiff argues that the hearing judge erred in deciding that the South Kingstown little league owed no duty towards the plaintiff because it was the town of South Kingstown that maintained the little league filed in question. The plaintiff contends that the little league had a duty to warn the public about holes near the batting cage.
2014-204 Victoria Roach v. State of Rhode Island (full briefing)
The state appeals from a Superior Court judgment following a jury verdict in favor of plaintiff in this personal injury case. The state contends that the trial justice erred in denying its motion for judgment as a matter of law, motion for a new trial, and motion to amend the judgment and grant a remittitur.
2014-204 Stavros Theodosiou v. Dawn Theodosiou (show cause)
The defendant appeals from a Family Court order concerning custody issues regarding the parties’ minor child.
2014-244 Joseph Lemerise v. The Commerce Insurance Co. (full briefing)
The plaintiff appeals from a Superior Court judgment that resulted from two Superior Court orders: one granting the defendant’s motion to correct/modify an arbitration award and one denying the plaintiff’s motion to confirm the award. The plaintiff claims that the trial justice should not have disturbed the arbitration award.
2014-330 Jazmine Wray v. Antonio Green (show cause)
The plaintiffs appeal from a Superior Court judgment in favor of the defendant, Raymond Roy. The plaintiffs argue that the trial justice erred because there exists a genuine issue of material fact regarding defendant Roy’s negligence.
2012-126 Rosemary Forbes-Woodside v. James Michael Woodside (full briefing)
2014-134
The defendant appeals from a Family Court amended decision pending entry of final judgment and from a decision and additional orders interpreting the original decision pending entry of final judgment. The main point of contention in this case involves the distribution of the parties’ retirement accounts.
2014-174 Helen L. Hyde v. Roman Catholic Bishop of Providence (full briefing)
2014-175 Jeffrey Thomas v. Roman Catholic Bishop of Providence
The plaintiffs in these consolidated cases appeal from summary judgment in favor of defendants on statute of limitations grounds. The plaintiffs argue that the trial justice erred in finding that repressed recollection cannot qualify as unsound mind, and in denying plaintiffs’ request for discovery as to their assertion of fraudulent concealment.
2014-345 Michelle D. Baker v. Felicia Victoria Mitchell (show cause)
The defendant, John Mitchell Vogel, appeals from a Superior Court order requiring the parties to sell property in Pawtucket and directing the commissioner to convey the parties’ interests in the whole property to a buyer. The defendant claims that the trial justice abused his discretion in ordering the sale.
2014-246 Terry Andoscia v. Town of North Smithfield (show cause)
The plaintiff appeals from a Superior Court judgment in favor of defendant in this action for breach of contract. The plaintiff brought suit after his employment with the defendant town as assistant zoning inspector was terminated for budgetary reasons.
2014-61 Dorcas Henderson v. Kevin Fitzgerald (show cause)
Plaintiff appeals from an order denying her motion to amend her complaint, and granting defendants’ motion to dismiss the complaint, pursuant to Superior Court Rule of Civil Procedure 41(b); the plaintiff also asserts that the trial judge should have recused herself.
2014-261 Tracy Gregoire. v. Baird Properties, LLC (show cause)
The defendant appeals from a judgment for plaintiffs for statutory remedies under the Residential Landlord and Tenant Act, Rhode Island General Laws §§ 34-18-34 and 34-18-44.
2014-235 Estate of Richard Deeble v. R.I. DOT (full briefing) The plaintiff appeals from a declaratory judgment in favor of defendant. The plaintiff contends that the trial justice erred in ruling that the right of first refusal in the Rhode Island Constitution belongs only to the original owners of condemned property, not to their heirs and successors.
2014-157 Whittemore v. Thompson (full briefing) 2014-158 2014-160
The defendant appeals from a Superior Court judgment in favor of plaintiffs granting the plaintiffs’ petitions for relief from property tax assessments on their home in Westerly. The defendant contends that the trial judge erred by rejecting all assessments and applying her own method in arriving at a value for the plaintiffs’ property. The defendant also claims that the trial judge erred in refusing to dismiss the plaintiffs’ petition challenging the 2011 assessment.
2014-123 State v. James Pelletier (full briefing)
2014-124 State v. Melissa Pelletier
2014-298 James and Melissa Pelletier v. Phillip DiMattia
These consolidated appeals stem from a complaint filed against James and Melissa Pelletier for violation of a Tiverton municipal ordinance. The defendants appeal from a finding of guilty by the trial judge, and the town appeals from the amount of the fine imposed. The defendants raise numerous issues in their appeals, including questions regarding the interpretation of the ordinance under with they were charged, and whether their activities were protected under the state’s Right to Farm Act. The town contends that the only issues properly before the Court are whether the Superior Court properly determined that the defendants were guilty of violating the ordinance and whether the sentence imposed was proper.
2014-184 American Condo. Ass’n v. Stefania Mardo (full briefing)
2014-185
2014-186
The plaintiffs and defendants appeal from a final judgment entered in this dispute concerning the expansion of a townhouse condominium unit. The parties raise several issues regarding the trial justice’s decision as to the validity of the expansion in relation to the Rhode Island Condominium Act and the master declaration. The plaintiffs also appeal from that portion of the judgment denying their request for attorney’s fees.
2014-199 IDC Properties v. Goat Island South Condo. Ass’n (show cause)
2014-200
The plaintiffs appeal from the entry of summary judgment in favor of defendants on their multi-count complaint related to the validity of condominium declarations. The defendant, Harbor Houses, also appeals from the entry of summary judgment on its cross-claim seeking a declaratory judgment regarding the validity of the condominium declarations.
2014-086 Maria Pitassi, et al. v. Allstate Insurance (show cause)
Plaintiffs appeal from a judgment in favor of defendant on cross-motions for summary judgment in this declaratory judgment action seeking coverage for damages from wind-driven rain.
2014-165 John Izzo v. Victor Realty (show cause)
Defendant appeals from an order vacating a final decree barring the rights of redemption of the plaintiffs in this tax sale action. Defendant contends that the trial judge erred in deciding that the plaintiffs received inadequate notice of the petition to foreclose their rights of redemption concerning the tax sale of their property for unpaid sewer fees. According to defendant, on plaintiff received actual notice of the petition and was not entitled to notice of the hearing on the petition because he did not file an entry of appearance. Defendant further asserts that notice provided to the other defendant complied with the requirements set forth in the tax sale statute, and that actual notice is not required by the statute or due process.
2013-149 Bryan Joachim v. Straight Lin Productions (full briefing)
2013-227
In these consolidated cases, plaintiff appeals from a Superior Court final judgment entered in favor of the defendants and against plaintiffs on all counts, as well as from the court’s denial of plaintiff’s subsequent motion to vacate. The judge dismissed the complaint because of plaintiff’s failure to produce documents. On appeal, plaintiff contends that the trial justice abused his discretion when he took the draconian and unprecedented action of dismissing plaintiff’s complaint without a persistent failure on plaintiff’s part to comply with discovery orders.
2014-188 Henry Tarbox v. Zoning Bd. of Johnston (show cause)
2014-189
The plaintiffs appeal from that portion of the final judgment denying their request for litigation expenses pursuant to the Equal Access to Justice Act, Rhode Island General Laws § 42-92-1 et seq. (2006). The plaintiffs contend that they were eligible to receive an award of litigation expenses under the Equal Access to Justice Act.
2014-178 Jo-Ann Albanese v. Town of Narragansett (show cause)
The plaintiff appeals from the entry of summary judgment in favor of defendant. Plaintiff challenges the denial of her request for a continuance to conduct discovery. Plaintiff also contends that the hearing judge erred in denying her motion to recuse. The plaintiff further asserts that the town building officials did not have absolute immunity in this case. Also, plaintiff argues that there were questions of material fact on the issue of whether the police used excessive force.
2013-76 Power Test Realty v. RIDEM (full briefing)
DEM required plaintiff to take remedial measures concerning petroleum contamination pursuant to the Oil Pollution Control Act (OPCA) § 46-12.5.1, et seq. Plaintiff now seeks review of a Superior Court order affirming DEM’s action. Plaintiff claims: DEM failed to prove it caused the discharge of the petroleum; OPCA does not make a landowner liable for petroleum contamination that was caused by another company; it was not aware of petroleum contamination migrating under its property until after the notice of violation had been issued by DEM; DEM erroneously ordered it to clean up the petroleum on both its own property and an adjacent parcel; and there was no evidence that petroleum from its own property leached onto the adjacent property.
2014-182 Providence Journal v. State of Rhode Island (full briefing)
This case concerns the denial of the plaintiffs’ request for records held by the state police. The plaintiffs contend they are entitled to the records pursuant to the Access to Public Records Act (APRA), § 38-2-1 et seq. and assert that the Superior Court applied the wrong standard in deciding whether the release of the records was warranted. The case involves underage alcohol consumption on property owned by the governor of Rhode Island, and plaintiffs assert that public interest in the state police’s investigatory records concerning the incident is high and that this public interest outweighs any privacy concerns.
2013-321 Kenlin Properties v. City of East Providence (full briefing)
The Superior Court overturned a zoning board decision, after determining that the city zoning officer’s notice of violation was clearly erroneous and made upon unlawful procedure. On certiorari, the city contends that the Superior Court judge substituted her judgment for that of the zoning officer and the board, and erred in holding that the city could not consider the original variance application, site map, and representations made at the public hearing to determine the scope of the use variance.
2013-311 Matthew Cote v. John Aiello (full briefing)
This case involves claims of breach of oral and implied contracts, promissory estoppel, quasi-contract, and constructive trust. On appeal, plaintiff argues that the trial justice: (1) misapplied the law of implied contract to the facts of the instant case; (2) overlooked and misconceived material evidence; (3) misapplied the law of promissory estoppel; and (4)) applied the wrong measure of damages to plaintiff’s unjust enrichment claim.
2014-208 Thomas McMahon v. Deutsch Bank (show cause)
The plaintiff in this slip-and-fall negligence action appeals from a partial summary judgment entered against him and in favor of several defendants. Plaintiff challenges the trial court’s finding that those defendants owed no legal duty of care to plaintiff.
2014-126 Linda Cotter v. Kevin Dias (show cause)
This case is on appeal by the plaintiff from the dismissal of her complaint with prejudice, pursuant to Rule 41(b)(1) and (2). Plaintiff claims the trial justice abused her discretion in dismissing her complaint and in failing to grant her motion for a continuance. Plaintiff asserts that she never willfully or maliciously attempted to delay the trial.
2014-210 Karmik, LLC v. Jack Kane/Town of Middletown (full briefing)
Plaintiff appeals from a judgment declaring that plaintiff must comply with all zoning regulations of the town of Middletown, except for those regulations that are inconsistent with the rights established by a previous settlement agreement entered into between plaintiff’s predecessors in title and the town. On appeal, plaintiff argues that the trial judge erred in restricting its right to place 26 “similarly sized” mobile homes on its property.
2013-150 City National Bank v. Main and West (show cause)
2014-22
The defendants appeal from the entry of summary judgment in favor of the plaintiff in an action to collect on a promissory note and guaranty. The plaintiff has also filed an appeal from the denial of its motion for the issuance of an execution. The defendants contend that the trial judge should not have examined in camera a document concerning the plaintiff’s alleged assumption of the loan. The defendants also argue that the hearing judge erred in refusing to grant them a continuance and that summary judgment was not appropriate because the evidence submitted was not sufficient to show that the plaintiff acquired the loan. In support of its cross-appeal, the plaintiff contends that the hearing judge should have issued the execution.
2014-5 Virginia B. Kinder v. Jil Westcott (show cause)
This case involves a dispute over the terms of an instrument creating an express easement. The plaintiff contends that summary judgment was not appropriate because a question of fact exists as to whether the grantor of the express easement intended for it to run with the land.
2014-15 City of Cranston v. Int’l Bhd. of Police Officers, Local 301 (full briefing)
The defendant appeals from an order vacating an arbitration award. The defendant argues that the arbitrator properly interpreted the collective bargaining agreement and did not exceed his authority.
2014-35 Western Reserve Life Assur. Co. of Ohio v. Caramadre (full briefing)
This case concerns annuity policies involving persons with terminal illnesses. The United States Court of Appeals for the First Circuit has requested this Court’s opinion with regard to two certified questions: (1) If the owner and beneficiary of an annuity with a death benefit is a stranger to the annuitant, is the annuity infirm for want of an insurable interest? and (2) Does a clause in an annuity that purports to make the annuity incontestable from the date of its issuance preclude the maintenance of an action based on the lack of an insurable interest?
2014-92 Johnston Sch. Comm. v. Johnston Fed’n of Teachers (show cause)
The plaintiff appeals from a final judgment confirming an arbitration determination that the dispute between the parties was arbitrable. The plaintiff contends that the matter was not arbitrable because teachers have no right to file grievances in their capacities as sports coaches under the collective bargaining agreement.
2014-97 Joseph McNulty v. Kristen Chip (full briefing)
In this action the plaintiffs allege that the defendants did not fully disclose flooding problems on real property prior to the plaintiffs purchasing the property. The plaintiffs contend that two of the defendants waived the statute of limitations defense by failing to raise it as an affirmative defense. The plaintiffs also contend that disclaimer clauses in the purchase and sale agreement did not bar their claims for fraud, negligence, and breach of the implied covenant of good faith.
2014-24 South County Post and Beam v. McMahon (show cause)
2014-25
This case is before the Court on the appeals of the defendants from a judgment in the amount of $41,549.45 in favor of the plaintiff on plaintiff’s unjust enrichment claim, and from a separate order, taxing costs in the amount of $2,535.80 against defendants. On appeal, defendants argue that: (1) the trial justice erred in finding that plaintiff had proven that any enrichment of the defendants by plaintiff’s actions was unjust; (2) the trial justice erred in ruling that plaintiff did not have to prove that there was no adequate remedy at law available to it; and (3) the trial justice erred in taxing costs against defendants for plaintiff’s expert witness fees.
2014-10 Twenty Eleven, LLC v. Mark Botelho (full briefing)
This case involves the interpretation of the Rhode Island Condominium Act. The plaintiff, which purchased a residential condominium unit at a condominium association lien foreclosure sale, filed suit in the Superior Court seeking to quiet title and for declaratory judgment and injunctive relief to prevent a foreclosure by the prior owner’s first mortgage holder. The plaintiff now appeals from a judgment dismissing its complaint pursuant to Rule 12(b)(6) of the Superior Court Rules of Civil Procedure. According to plaintiff, title to the unit was conveyed free and clear of that mortgage by virtue of the condominium lien foreclosure sale.
2014-99 Peerless Insurance Co. v. Christopher Henderson (full briefing)
2014-100
This case presents an issue regarding the interpretation of the term “resident” for purposes of insurance coverage. The defendants are a divorced couple who share joint custody of their daughter, who was bitten by a dog while at her father’s home. The defendants appeal from a Superior Court judgment in favor of the plaintiff, Peerless Insurance Co.
2014-12 Mario Gianfrancesco v. A.R. Bilodeau (show cause)
This case is before the Court on appeal by the defendants from an order granting the motion of the plaintiff for preliminary injunctive relief, and denying defendants’ request to trespass over plaintiff’s property. On appeal, defendants argue that the trial justice erred in his analysis of the factors to be considered in granting injunctive relief, and in allowing testimony about matters occurring prior to 1998, and in basing his decision in part on the fact that the disputed use of plaintiff’s property was also made by third parties, and not solely by the defendants.
