2016-239 Lawrence C. LaBonte v. New England Development RI, LLC (show cause)
The appellant, Vincent Coccoli, appeals from a final order finding him in willful contempt of a Superior Court Order. He argues that the trial justice abused his discretion in finding him in contempt, and claims that the contempt sanction was excessive.
2016-324 Robin Brindle v. R.I. Dep’t of Labor and Training (full briefing) 2016-325 Kathleen Brown v. R.I. Dep’t of Labor and Training 2016-326 Sandra Carter v. R.I. Dep’t of Labor and Training 2016-328 Marcie LaPorte v. R.I. Dep’t of Labor and Training 2016-329 Kelvin Ramirez a/k/a Kevin Remirez v. R.I. Dep’t of Labor and Train’g
The petitioners, employees of Delta Airlines, Inc., seek review of a Superior Court order denying their appeal from a decision of the Rhode Island Department of Labor and Training in these consolidated cases. The department determined that the petitioners’ wage claims seeking premium pay for Sunday and holiday work were preempted by the Airline Deregulation Act.
2016-199 Richard DiCarlo v. State of Rhode Island (full briefing)
The plaintiff appeals from a Superior Court order upholding a determination by the Sex Offender Board of Review classifying him as a Level II, moderate risk, sexual offender under the Sexual Offender Registration and Community Notification Act. According to plaintiff, the objective risk assessment tools employed by the board indicated a low-level classification, not a moderate-level classification. Plaintiff asserts that the board violated his rights to due process, the presumption of innocence, and against double jeopardy by classifying him based in part on what plaintiff contends was impermissible hearsay allegations for which plaintiff was acquitted after trial.
2016-347 Community College of Rhode Island v. CCRI Educational Support ProfessionalAssociation/NEARI (show cause)
The defendant CCRI Educational Support Professional Association/NEARI appeals from a judgment in favor of the plaintiffs, vacating an arbitration award in favor of the union, which reinstated grievant Michael Crenshaw to a position as a college police officer at CCRI. At issue is whether the grievance was arbitrable.
A Superior Court judge ruled that the retirement board cannot require municipal police officers and firefighters who are receiving accidental disability pensions to undergo an annual medical examination. The defendant state retirement board appeals, arguing that the judge erred by failing to give deference to the retirement board’s interpretation of the relevant statutes and by determining that the provision in question does not apply to these retirees because of a change in legislation in 1980. The appeal involves interpretation of several statutes, including §§ 45-21-23, 45-21-24, 45-21.2-10.
2016-14 OSJ of Providence v. Diene (show cause)
Defendant appeals from a judgment in favor of plaintiff in this breach of guaranty case. The defendant had executed a guaranty agreeing to unconditionally guarantee payments on a lease on behalf of a restaurant. After the restaurant defaulted on the lease and the plaintiff began eviction proceedings, the restaurant and plaintiff entered into a stipulation for judgment. Eventually the plaintiff obtained an execution on the judgment after the restaurant failed to comply with the terms of the stipulation, and then sought payment from the defendant guarantor. He claims that an alleged breach of the lease by plaintiff absolved the restaurant of its responsibilities under the lease and therefore absolved him of his duty as guarantor.
2016-90 CACH, LLC v. Potter (show cause)
In this action to collect on a credit card debt, the trial judge granted summary judgment for the plaintiff debt collector. The defendant appeals, arguing that the judge erred in denying his motion to compel arbitration because he did not waive his right to arbitrate. He also argues that the judge erred in denying his motion to amend his answer and that issues of fact sufficient to preclude summary judgment existed.
2016-77 Hebert v. City of Woonsocket (full briefing)
2016-78
These consolidated appeals present challenges to the class certification of numerous plaintiffs challenging changes to the state’s retirement system and to the court-approved settlement of those challenges by the certified class representatives.
2016-47 Tri-Town Construct. Co. v. Commerce Park Assocs.(show cause)
This appeal arises from plaintiff’s actions to collect on a judgment, by filing a creditor’s equitable action under § 9-28-1, and a motion to attach the choses in action of the judgment debtors. Defendant Nicholas Cambio appeals from an order allowing plaintiff to reach and apply the defendant’s choses in action in a consolidated receivership matter, and providing that plaintiff shall be the effective assignee of the defendant and may litigate any claims of the defendant arising out of the choses in action. Defendant argues that the order is immediately appealable, that the lower court exceeded its authority under § 9-28-1, and that the order violates the principles behind the Rules of Professional Conduct by substituting one adversary for another in litigation.
2016-42 Joseph Aubin v. MAG Realty, LLC (show cause)
The plaintiff appeals from a judgment entered in favor of defendant in this slip-and-fall case. The trial judge granted defendant’s motion for judgment as a matter of law, but plaintiff contends that he presented sufficient evidence demonstrating that defendant was negligent in failing to apply rock salt to its icy parking lot. Plaintiff asserts that defendant caused black ice to form on the parking lot when it plowed snow onto a grassy area adjacent to the parking lot and the snow melted and refroze as black ice on the parking lot.
2016-63 Beverly T. Cardoza v. National Education Association (full briefing)
This is an appeal by third-party plaintiffs appeal from summary judgment for third-party defendant. In the underlying action, plaintiff, a former home school teacher, sued defendant-unions for breach of the duty of fair representation based on her allegation that they failed in the way they handled her grievances with the school department. The defendants filed a third-party action for contribution and/or indemnification against the law firm plaintiff hired when she terminated her relationship with the union. The hearing judge determined that the law firm did not owe plaintiff a duty of fair representation and therefore could not be liable to defendants for contribution and/or indemnification.
2016-36 Stephen Limoges, et al. v. Nalco (show cause)
The plaintiffs appeal from a summary judgment for Arden Engineering Constructors, LLC in this personal injury action asserting negligence, strict liability, and breach of warranty.
2016-76 Mark Quillen v. Mary Macera (show cause) The plaintiff appeals from a judgment for defendant after a non-jury trial on plaintiff’s complaint that alleges the defendant tricked the decedent into executing beneficiary change forms for an annuity; she manipulated the decedent’s signature; the forms were forgeries and void; and the forms were executed through mistake or inadvertence.
2016-104 Christy’s Auto Rentals, Inc. v. Mass. Homeland Ins. (full briefing)
The plaintiff appeals from the entry of summary judgment in favor of Massachusetts Homeland Insurance Company. The plaintiff argues the lower court erred (1) in deciding that defendant did not waive the defense of lack of standing by failing to raise it in its answer and (2) in ruling that plaintiff did not have standing to pursue the instant declaratory judgment action. Plaintiff argues that one defendant’s insurance policy covers damages incurred when he collided into another vehicle while driving a box truck rented from the plaintiff.
2016-103 Plainfield Pike Dev., LLC v. Victor Anthony Prop., Inc. (show cause)
This case is on appeal by the defendant from a declaratory judgment in favor of the plaintiff, declaring that an easement exists over defendant’s property, located in the town of Johnston. On appeal, defendant does not dispute the existence of the easement, but contends that the proposed use of the easement is an unreasonable extension of the use intended by the parties when the easement was created in 1922. Defendant also claims that judicial estoppel applies to the instant dispute.
2016-128 Carmen Rohena v. City of Providence (show cause)
The plaintiff, as parent and natural guardian of a youth injured playing baseball in a city park, appeals from summary judgment entered for the city of Providence. Plaintiff argues that the judge erred by not applying the exception to the limitation on liability found in the recreational use statute, § 32-6-5(a)(1), because the city willfully or maliciously failed to guard or warn against a dangerous condition.
2016-58 Maureen O’Connell v. William Walmsley (show cause)
2016-59 The plaintiffs, in their capacities as co-administrators of the estate of their deceased son, appeal from a Superior Court judgment in favor of defendant, in this wrongful death claim. On appeal, plaintiffs contend that the wrongful death statute requires that defendant pay $250,000 to plaintiffs. They argue that § 10-7-2 is in derogation of common law, and should be strictly construed so that each person found liable for a wrongful death must pay damages of at least $250,000.
2016-82 Kevin Walsh v. Lend Lease (US) Construction, Inc. (show cause)
Third party plaintiff, Lend Lease (US) Construction, Inc., appeals from the entry of summary judgment in favor of the third party defendant, Rossi Electric. Lend Lease contends that the hearing judge ignored the clear terms of the contract between these parties, which required Rossi Electric to defend and indemnify Lend Lease from all claims arising in connection with work performed by Rossi Electric or its subcontractors. Lend Lease contends that the issue of whether Rossi Electric was negligent is not relevant under the indemnification provisions, as Rossi Electric must indemnify in either situation.
2016-17 William Felkner v. Rhode Island College (full briefing)
The plaintiff appeals from the entry of summary judgment in favor of the defendants, and argues that the hearing justice erred in dismissing his claim for punitive damages. First, he contends that the hearing judge should have viewed all facts in his favor when deciding whether to dismiss the claim for punitive damages. Next, he claims that serial motions for summary judgment are not appropriate. Third, he asserts that the hearing judge impermissibly resolved genuine issues of material fact in granting summary judgment.
2016-92 Town of Johnston v. Rhode Island Council 94 (show cause)
The town of Johnston appeals from an Superior Cour order denying its motions to vacate and stay implementation of an arbitration award, and granting the defendant’s motion to confirm the award. The question presented in this case is whether a grievance filed by the defendant, Rhode Island Council 94, AFSCME, Local 1491, on behalf of a former employee of the Johnston Board of Canvassers, is arbitrable.
2016-41 Carel Bainum v. Coventry Police Department (show cause)
The plaintiff appeals pro se from an entry of summary judgment in favor of the defendant Coventry police department. The plaintiff contends that she submitted sufficient evidence of a conspiracy perpetrated by the police to keep her away from a former resident of the Coventry Health and Rehabilitation Center. She also contends that collateral estoppel is not applicable to the instant action.
2016-19 Jeanne Jackson v. Quincy Mutual Fire Insurance (full briefing)
The plaintiff appeals from summary judgment in favor of defendant, Quincy Mutual Fire Insurance Co. This case involves the application of an “owned but not insured” exclusion in Quincy’s uninsured motorist policy. The plaintiff contends that there exist material issues of fact regarding the circumstances of the decedent’s injuries and whether he was occupying his motorcycle at the time of his death.
2016-48 Francis Ahern v. City of Providence (show cause)
The plaintiff appeals from summary judgment in favor of defendant. The plaintiff argues that the hearing justice erred in finding that her incorrect use of the directional term “north” instead of “south” in her notice of claim of injury to the city was inadequate to preserve her claim.
2016-39 A. Salvati Masonry v. Michael Andreozzi (show cause)
2016-131 A. Salvati Masonry v. Michael Andreozzi (show cause)
The plaintiff appeals from a judgment entered, after a nonjury trial, in favor of defendants in these two cases that were consolidated below. This litigation stems from a dispute between defendants, property owners, and plaintiff, a subcontractor who was hired to perform masonry work on the construction of their home.
2016-320 Raymond Oliver, et al. v. Narragansett Bay Ins. Co, et al. (full briefing)
The plaintiffs appeal from the entry of summary judgment in favor of one defendant, NAMCO, in a case involving the drowning of plaintiffs' four-year-old soon in an above-ground pool. The plaintiffs assert that summary judgment was improper because there existed genuine issues of material fact as to whether NAMCO, as the seller of the pool, was negligent.
2016-240 Vincent Coccoli v. Town of Scituate Town Council (show cause)
The plaintiff appeals from the entry of summary judgment on his claims for breach of contract, fraudulent misrepresentation, and violation of privacy rights concerning his attempts to develop the Hope Mill property in Scituate. The plaintiff contends that questions of material fact precluded the entry of summary judgment.
2016-282 LaGondola v. City of Providence (full briefing)
The plaintiff appeals from a judgment partially in favor of the defendants. The plaintiff argues that the trial judge erred in concluding that the bid process for concessions at Roger Williams Park was free of corruption and bad faith. The plaintiff also argues that the trial judge erred in determining that the amended agreement for a train concession was unenforceable.
2016-278 Dana Gallop v. State (full briefing)
The plaintiff appeals from the dismissal of his negligence action for lack of subject matter jurisdiction. The plaintiff’s action was dismissed under the civil death statute (§ 13-6-1) due to the fact the plaintiff is serving two consecutive life sentences in the Adult Correctional Institution. The plaintiff contends that the civil death statute was not applicable to his case. He also asserts that the civil death statute cannot block a federal claim under 42 U.S.C. § 1983. He further argues that the hearing judge erred in denying his motion to amend.
2016-281 Michelle Hall v. Kim Hornby and Colleen Belmonte (show cause)
The plaintiff appeals from a summary judgment for defendants in this medical malpractice suit. The issue on appeal involves interpretation of § 10-6-2 in the Uniform Contribution Among Tortfeasors Act.
2016-170 John Sauro v. City of Providence (show cause)
The defendant appeals from the entry of summary judgment in favor of plaintiff. The issue on appeal involves interpretation of a city ordinance governing annual re-examinations of employees receiving accidental disability pension benefits. At issue is whether plaintiff is entitled to continue receiving such benefits when he has recovered from his work-related injury but is not eligible to be placed on a list of candidates for open positions with the city.
2016-297 Brian Routhier v. Laura Kenyon (show cause)
The defendant appeals from an entry of summary judgment in favor of the plaintiff. The issue on appeal involves interpretation of the collective bargaining agreement for Narragansett police officers.
2016-73 R. Sullivan v. Coventry Mun. Empl. Retirement Plan (full briefing)
Plaintiff appeals from the dismissal of his complaint for declaratory relief and writ of mandamus, and the entry of summary judgment in favor of the defendants. Plaintiff alleged that he was eligible for retirement benefits.
2016-336 Paul Pontarelli v. R.I. Dep’t of Elem. and Sec. Educ. (full briefing)
The plaintiff appeals from the granting of defendants’ motion to dismiss the plaintiff’s complaint seeking documents from defendants in accordance with the Access to Public Records Act. The plaintiff claims, among other things, that the records he requested were public records and were not exempt from disclosure.
2016-343 ABC Building Corp. v. Ropolo Family (show cause)
The defendant appeals from a judgment and an order affirming an arbitration award in favor of plaintiff. The defendant argues that the hearing justice erred in affirming the award because the arbitrator exceeded his authority in disregarding contractual language and in allowing plaintiff to recover in quasi-contract when a valid contract existed.
2016-306 Stacia Aptt v. Cedarz Medical and Cosmetics, Inc. (show cause)
The defendants appeal from the granting of plaintiff’s motion for a new trial after a jury verdict in favor of defendants in this negligence action. The defendants claim that the trial justice overlooked or misconceived material evidence and was otherwise clearly wrong in granting the motion.
16-332 Christopher Laccinole v. Recovery Resources, LLC, et al. (show cause)
Plaintiff (pro se) appeals from summary judgment for defendant in this action alleging breach of federal and state Fair Debt Collections Practices acts and the state Deceptive Trade Practices Act. Judge determined he had failed to establish damages. Plaintiff contends there is a cause of action for the defendants’ alleged failure to register as debt collectors in RI and that defendants violated the federal act by harassing, abusing, or misleading him.
16-333 Christopher Laccinole v. MicroBilt Corp. (show cause)
Plaintiff (pro se) appeals from dismissal of his complaint for lack of personal jurisdiction. Plaintiff alleged that defendant had violated the RI Deceptive Trade Practices Act and the RI Consumer Empowerment and Identity Theft Prevention Act. The judge found the long-arm statute did not reach defendant, which has no property, employees, or offices in RI, does not market its services or solicit customers in RI, and had only billed $11,000—out of multi-millions in total billing—to RI customers over the past 15 months. Also, defendant’s response to plaintiff’s request for a cop of his credit report did not establish specific personal jurisdiction as the response did not contain any information regarding plaintiff’s credit.
2016-335 Jason Puerini v. Jeanne LaPierre (full briefing)
This case is before the Court on appeal by the plaintiffs from the grant of summary judgment in favor of defendants, Metro Motors, Inc. and Honda Lease Trust. On appeal, plaintiffs argue that the hearing judge erred in granting summary judgment in favor of the defendants based on the federal “Graves Amendment,” and in disregarding the assignment of rights to Metro and Honda by two individual defendants, in this vehicular accident, personal injury case.
2016-337 David Costa v. Summer Villa (show cause)
Plaintiff’s brother was assaulted by another resident of the assisted living facility where he lived, and died as a result of his injuries. Plaintiff, as the administrator of his brother’s estate, filed a complaint against the operator of the facility and the owner of the real estate on which it was located. The owner of the property successfully moved for summary judgment. On appeal, plaintiff contends that there were questions of fact regarding the relationship of the two entities and that the property owner owed the decedent a duty of care. Plaintiff also asserts that the motion judge erred when he granted summary judgment before discovery was complete.
2016-309 David Disano v. Argonaut Insurance Co. (show cause)
The plaintiff appeals from an order denying his motion to vacate and confirming the arbitration award in favor of the defendant insurance company. The plaintiff also appeals from the granting of the defendant’s motion to quash a deposition of one of the arbitrators. The plaintiff contends that the arbitration panel imperfectly exercised its powers by improperly calculating on offset for damages. The plaintiff further asserts that the improper offset was a manifest disregard of the law and made the award irrational. The plaintiff additionally contends that the hearing judge erred in quashing the deposition of the dissenting arbitrator because this deposition would have enabled the plaintiff to find out the thought process behind the arbitration panel’s decision.
2016-298 Elaine Jaffe v. William C. Pournaras (show cause)
The defendant, in his capacities as trustee of and personal representative for the estate of his father, appeals from the entry of summary judgment in favor of the plaintiff, his sister. He asserts that the hearing judge erred in finding that defendant’s intended exercise of the limited power of appointment reserved by the decedent in his irrevocable trust was invalid.
2016-107 SEI/Aaron’s v. David Quinn (full briefing)
The plaintiff appeals from a judgment in the Superior Court upholding a leased property tax against the plaintiff’s products. The plaintiff asserts that goods it sells under rent-to-own agreements are exempt from property tax as inventory items under the tax code.
2016-157 Janet L. Coit v. Vincent Coccoli (show cause)
The Department of Environmental Management (DEM) appeals from the entry of summary judgment in favor of the defendants. DEM contends that the hearing judge erred in ruling that DEM could not enforce an administrative penalty in an action for injunctive and equitable relief. DEM also contends that the hearing judge erred in denying its motion to amend.
2016-166 Joseph A.J. Paiva v. Christopher J. Parella (show cause)
The petitioner appeals from the denial of his application for a license to carry a concealed firearm. The petitioner argues that the East Providence police chief used the wrong statutory standard in denying the application. He also argues that the denial from the police chief did not contain the required findings of fact and conclusions of law. He further argues that the city unconstitutionally handled his application. The petitioner additionally argues that the city illegally submitted certain police reports.
2016-254 Joseph Caffey v. Christopher Lees (show cause)
2017-79
The respondent appeals from a final judgment vacating an arbitration award on the grounds that the award was procured through undue means. The respondent argues that the hearing judge erred in deciding that he concealed a doctor’s opinion letter in the case. The respondent also argues that the hearing judge erred in finding that he failed to mail the doctor’s third affidavit to the petitioners. The respondent contends that the petitioners had time to rebut the opinion letter and the third affidavit prior to the arbitrator’s decision.
