Supreme Court

Civil Case Summaries 2015

2015-358 J. Ronald Fishbein v. Cynthia R. Hanssen (show cause)

The plaintiff appeals from a pretrial judgment for defendant on his complaint for attorney fees. The plaintiff claims that the hearing justice erred in dismissing his complaint with prejudice pursuant to Rule 41(b)(2) of the Superior Court Rules of Civil Procedure.

2015-96 Mohammad Banki v. Nicole Alexander-Scott (full briefing)
2017-17

Consolidated petitions for certiorari are before the court. In their petition, plaintiffs ask the Supreme Court to review the Superior Court’s grant of the defendant’s motion to dismiss their appeal of an agency order, pursuant to § 42-35-15(a). They assert that the order was not interlocutory, and thus was appealable. However, they further assert that the Superior Court’s subsequent action in reversing the agency order and entering a default judgment against defendant because the sealed administrative record was lost was proper. In her petition, defendant argues that the certified administrative record provided by the Department of Health satisfied the relevant legal requirement, that the judge erred in dismissing the underlying administrative case against plaintiffs, and that the judge erred in failing to vacate the default judgment in plaintiffs’ favor.

2015-368 Eric Chase v. Nationwide Ins. Co. (show cause)

This dispute concerns the timeliness of a civil complaint brought by an insured against his insurer for breach of contract and bad faith in handling a claim for property loss under a homeowner’s policy. Before the Court is the plaintiff-insured’s appeal from the grant of the defendant’s motion for judgment on the pleadings pursuant to Rule 12(c). On appeal, plaintiff contends that the trial justice erred in rejecting his estoppel argument, and that the cause of action against the defendant did not accrue until the defendant refused to pay the claim.

2015-46 Sevan Cappuccilli v. David Carcieri, MD (full briefing)

This appeal arises from a medical malpractice lawsuit against several doctors and their employers. At trial, plaintiff argued that the sole remaining doctor-defendant had breached the duty of care owed to her when performing an emergency cesarean section, and that that negligence had resulted in physical and mental injury to plaintiff. Plaintiff appeals from the denial of her motion for new trial and further asserts that the trial justice abused his discretion when he excluded certain documentary evidence in the case.

2015-250 George T. Hawes v. Daniel P. Reilly (full briefing)

Plaintiff sought to enforce a Utah judgment entered against defendant, but the Superior Court quashed an execution issued on the judgment and dismissed plaintiff’s petition to enforce the judgment, on the grounds that the Utah court did not have personal jurisdiction over defendant. Plaintiff contends that the Superior Court erred in not heeding the Utah District Court’s ruling that there was a prima facie case for personal jurisdiction. Plaintiff also asserts that defendant’s father acted as defendant’s agent in the state of Utah and that these activities demonstrated sufficient minimum contacts.

2015-212 Carron v. Rosenthal (full briefing)

Defendant Newport Hospital seeks review by certiorari of an order granting plaintiffs’ motion to compel production of certain nurses’ reports prepared after an emergency caesarean section. At issue is whether the reports can be classified as privileged under federal and state law as patient safety work product or whether they are discoverable under certain exceptions to the privilege.

2015-351 A. L. Ballard v. SVF Foundation (full briefing)
2015-352
2015-353

Plaintiffs appeal from a judgment in favor of defendant in this easement dispute. Plaintiffs contend there are issues of material fact that should have precluded summary judgment, the judge erred in granting a motion to enforce a settlement agreement, the judge erred in denying their motion for sanctions against the defendant and its counsel, the motion to enforce the settlement agreement constituted fraud upon the court, and the judge erred in allowing a complaint against them to be dismissed without prejudice.

2015-128 Endoscopy Associates, Inc. v. Rhode Island Department of Health (show cause)

The petitioner seeks review by writ of certiorari of a judgment that affirmed the decision by a hearing officer with the Department of Administration that effectively denied petitioner’s application for a certificate of need. Petitioner applied for a certificate of need to change its license category from physician ambulatory care facility to freestanding ambulatory care facility.

2015-243 Retirement Bd., et al. v. Frank Corrente (full briefing)
2015-244
2015-246

In these consolidated appeals, Frank Corrente challenges the standard of review applied by the hearing justice in reviewing the retirement board’s denial of his request for a tax credit or tax deduction; the retirement board challenges the hearing justice’s decision to grant the mayor and city’s motion to intervene; and the intervenors argue the hearing justice should have reviewed the decision of the retirement board de novo.

2015-194 Amelia Garris v. Phillip Stefens, et al. (show cause)

Plaintiff appeals the grant of summary judgment for defendant Perry Raso in her action sounding in negligence for a dog bite. She argues the trial judge erred in misapplying § 28-29-20 and determining that defendant was immune from suit based on plaintiff’s previous claim for workers compensation benefits.

2015-311 Albert J. Branch Revocable Trust v. Interstate Battery Ctr. (full briefing)

Plaintiffs appeal from summary judgment for defendants in this action for breach of a commercial lease agreement. The plaintiffs claim that there was a valid lease. They also contend that the issue of whether the lease was delivered was not properly raised and would not affect the lease’s validity.

2015-142 Kaylyn Bailey v. Neil Saunders, d/b/a Red Door Rentals (show cause)

The defendant appeals from a judgment entered in favor of plaintiffs in this landlord-tenant dispute. The defendant claims that the trial judge overlooked testimony and that plaintiffs failed to give him proper notice of their intent to terminate the rental agreement.

2015-337 Charles S. Faber v. Francine A. McVay (show cause)

The plaintiffs appeal from the entry of final judgment in favor of the defendants. The plaintiffs contend that the hearing judge erred in deciding that their claims for insurance agent malpractice were not timely under the statute of limitations. The plaintiffs argue that the statute of limitations was tolled because they relied upon an insurance agent to provide the requested insurance coverage.

2015-311 Albert J. Branch Revocable Trust v. Interstate Battery Ctr. (full briefing)

2015-142 Kaylyn Bailey v. Neil Saunders, d/b/a Red Door Rentals (show cause)

2015-337 Charles S. Faber v. Francine A. McVay (show cause)

2015-347 Roadepot, LLC v. Home Depot (full briefing)

2015-348 2015-349

These three related appeals arise out of a dispute over who was responsible for paying certain sewage assessment fees.

2015-298 Michael Rose v. Michael Muto (show cause)

In this legal malpractice case, plaintiffs assert on appeal that the hearing judge erred in concluding both that there was no evidence of proximate cause between the defendants’ alleged negligence and damages and that plaintiff’s conduct in proceeding with a purchase of a business was the proximate cause of his damages.

15-310 Gianni and Judy Spinazolla v. Steven Pinch (full briefing)

Plaintiff appeals from a judgment for $100,000 in her favor against the town of Narragansett. Plaintiff challenges the decision to grant judgment as a matter of law for one defendant, a school instructor in his individual capacity, and partial summary judgment for the town of Narragansett limiting liability to $100,000 under the government tort liability act. She also challenges the trial judge’s ruling that her expert witness was not qualified to testify on the standard of care for supervision in this setting, and her decision to exclude his testimony on areas she determined were statements of fact not subject to expert opinion.

2015-363 Town of Warren v. Bristol Warren Reg’l Sch. Dist. (full briefing)

The town of Bristol, the Bristol Warren Regional School District, and the Bristol Warren Regional School Committee appeal from a Superior Court judgment entered in accordance with Rule 54(b) of the Superior Court Rules of Civil Procedure, granting the town of Warren’s complaint for a declaratory judgment in this school funding dispute.

2015-340 Boghos Terzian v. James Lombardi (show cause)

The pro se plaintiff appeals from a Superior Court grant of summary judgment in favor of the defendants in this case involving claims against a municipal employer for wrongful suspension and termination and for breach of the collective bargaining agreement, and claims against the union for failure to adequately represent plaintiff with respect to his grievances.

2015-271 Charles Fogarty v. Ralph Polumbo (full briefing)

2015-273 James Ottenbacher v. Ralph Palumbo 2015-291 Charles Fogarty v. Ralph Palumbo 2015-221 James Ottenbacher v. Jonathan Savage Plaintiffs appeal from the entry of judgments for the defendants in this dispute over a sale of property. Plaintiffs asserted claims of breach of fiduciary duty and breach of contract against certain financial advisors and negligence against a title insurance company. On appeal, plaintiffs raise arguments about the “discovery” rule as to the statute of limitations and about the sufficiency of the evidence. They also assert that the judge erred in several of her factual findings as to the relationships among the parties.

2015-51 Richard Bisbano v. Strine Printing (show cause)

Plaintiff appeals from summary judgment in favor of defendants Strine Printing Company, Inc. and Menasha Packaging Company, LLC, on his complaint for breach of contract and breach of implied covenant of good faith and fair dealing stemming from his employment with Strine. Judgment for defendants entered on the grounds that plaintiff’s claims were barred by res judicata and the statute of limitations. On appeal, plaintiff asserts, first, that res judicata does not apply insofar as the parties agreed or defendants acquiesced to splitting the claim for unpaid commissions and, second, that identity of issues does not exist.

2015-94 Sophie E. Danforth v. Timothy More (show cause)
2015-127

This case, which involves a dispute over a purchase and sales agreement, is before the Court on appeal by the defendant from the grant of summary judgment in favor of the plaintiff, as well as on the cross-appeal of plaintiff, from the denial of her request for attorney’s fees. On appeal, defendant argues that the hearing judge erred: (1) in granting plaintiff’s motion for summary judgment because there was a genuine issue of material fact regarding whether the plaintiff’s property was in the same condition on the closing date as it was on the date the purchase and sales agreement was executed; and (2) in awarding prejudgment interest on the agreed upon liquidated damages, which were held in an escrow account by the plaintiff’s attorney.

2015-183 Louis Scavello v. Brian Mulcahey, et al. (show cause)

The plaintiff appeals from the denial of his complaint requesting visitation with his grandchild. The plaintiff claims that the trial judge erred in denying his claim and asserts that he met the burden of proving that defendants did not act in the child’s best interests when they denied his request for visitation.

2015-209 Mark Van Hoesen v. Certain Underwriters at Lloyd’s London (show cause)
2015-227

The parties appeal from the entry of summary judgment in favor of the defendant. The plaintiff claims that the insurance policy violated public policy and statutory requirements. The defendant argues that the substitution of Certain Underwriters for the original defendant was improper.

2015-181 Bernie Sisto, et al. v. American Condominium Ass’n, et al. (show cause)

The plaintiffs appeal from a judgment awarding attorney fees to defendants for defending an anti-SLAPP ruling on appeal. The plaintiffs claim that the Superior Court did not have subject matter jurisdiction to award appellate attorney fees and that there was not sufficient evidence to support the amount awarded.

No. 15-97 Gaube v. Landmark Medical Center (full briefing)
No. 15-101 Gaube v. Landmark Health Systems, Inc.
No. 15-102 Charest v. Northern Rhode Island Rehab Management Assoc., L.P.

Prime Healthcare Services-Landmark, LLC appeals from a Superior Court order denying its motion to enforce a previously entered order regarding the sale of assets in a mastership proceeding. This case involves the interpretation of a statute that limits Medicaid payment rates between hospitals and health plans. Prime contends that because it was allowed to purchase the assets of Landmark Medical Center free of liabilities and was allowed to reject Landmark’s contract with a Medicaid provider, it need not fully comply with the terms of the statute.

2015-18 High Steel Structures, Inc. v. Cardi Corp., et al. (full briefing)

The plaintiff High Steel, joined by defendant Cardi, appeals from a final judgment for third-party defendant State of Rhode Island in this action involving interpretation of one of the contracts for the I-Way Project.

2015-48 Patrick T. Conley, Esq. v. Paul Fontaine, et al. (show cause)

The plaintiff appeals pro se from a final judgment entered for defendant Bank of New York Mellon in this tax sale action. Plaintiff contends the trial judge erred in permitting the bank to file a late answer and redeem the property.

2015-11 Cathleen Curreri v. Robert Saint (show cause)

The plaintiff appeals from an entry of summary judgment in favor of the defendants. The plaintiff filed this action to recover damages to her personal property from mold in her apartment. She contends that the hearing judge erred in granting the defendants’ motion in limine to exclude the admission of a settlement stipulation entered in a previous District Court eviction action between the parties. The plaintiff contends that the hearing judge should have taken judicial notice of the stipulation. The plaintiff also asserts that summary judgment was not appropriate in this case.

2015-22 Tri-Town Constr. Co. v. Comm. Park Assocs. 12 (full briefing)

The defendants appeal from an entry of summary judgment in favor of the plaintiff in this promissory note action. Defendant Commerce Park Associates 12 (Commerce Park) argues on appeal that summary judgment was not appropriate because questions of material fact existed regarding its frustration of purpose defense. Commerce Park also contends that the hearing judge erred in dismissing its counterclaim for unjust enrichment. Defendant Nicholas Cambio argues that the guaranty in the promissory note was not sufficient as a matter of law.

2015-53. Richard Audette v. Donald Poulin (show cause)

The plaintiff appeals from the dismissal of his complaint against the defendant David Correira, alleging negligence and breach of fiduciary duty. The plaintiff argues that the defendant, an attorney for a trust, owed a duty to plaintiff as beneficiary of the trust.