Supreme Court

Civil Case Summaries 2018

2018-233 Jared Starnino v. Emps. Ret. Sys. City of Providence (show cause)

The petitioner asserts that the city of Providence’s retirement board erred in denying his application for an accidental disability pension. The petitioner contends that the board misconstrued the reports of the independent medical examiners and did not rely upon legally competent evidence.

2018-65 New Castle Realty v. Town of Charlestown (full briefing)

This is a zoning dispute in which the Charlestown zoning board denied the plaintiff’s application for a special use permit and a dimensional variance to build a house and install a septic system on a preexisting nonconforming lot. The plaintiff had acquired a permit to alter freshwater wetlands from the DEM. The plaintiff contends that the zoning board should have given greater weight to DEM’s approval. It also contends the board failed to support its denial of the special use with specific findings and conclusions. It asserts that the Superior Court erroneously upheld the zoning board’s denial.

2018-313 M.M. and S.M. v. Town of Narragansett (full briefing)

Plaintiffs appeal from judgment in favor of defendants, the town of Narragansett and various officials and employees of the town of Narragansett school system in this case about alleged school bullying and harassment. Plaintiffs asserted claims of failure to train and supervise, intentional infliction of emotional distress, and negligence. On appeal, plaintiffs assert that the trial judge erred: (1) in granting defendants’ motion for judgment as a matter of law on each of the three counts of the complaint; and (2) in denying plaintiffs’ motion for new trial.

2018-352 Michael R. McElroy, et al. v. Edward Stephens III, et al. (show cause)

Defendants appeal from the entry of summary judgment in favor of plaintiffs. The defendants contend that the hearing justice erred in deciding that the plaintiffs’ lot has an appurtenant easement to travel across the defendants’ properties to access Seaweed Beach.

2018-346 Terrapin Dev’t, LLC v. Irene O’Malley Revocable Trust (full briefing)

Plaintiff appeals from a Superior Court judgment in favor of defendants declaring the parties’ amended purchase and sale agreement terminated, dismissing the plaintiff’s claim for specific performance, and reserving plaintiff’s claim for damages. The plaintiff raises several issues related to the subordination provision of the purchase and sale agreement.

2018-339 Charles E. Martin, et al. v. Glen A. Wilson, et al. (full briefing)

Defendants appeal from a Superior Court judgment in favor of plaintiffs in this dispute between neighboring property owners over the use of a common driveway. The defendants contend that the trial justice erred in finding that plaintiffs had an implied easement over the entire driveway, and in denying their counterclaims.

2018-326 Providence Teachers’ Union Local 958 v. City of Providence (show cause)

Plaintiffs appeal from a Superior Court order granting defendant city of Providence’s petition to confirm an arbitration award and denying the union’s motion to vacate the award. The union argues that the trial justice erred in deciding that a teacher was a retired employee once the retirement board determined that she was entitled to an ordinary disability pension.

2018-340 IDC Clambakes, Inc. v. Dennis J. Carney, in his capacity as Trustee of the Goat Island Realty Trust, et al. (show cause)

The plaintiff appeals from the entry of summary judgment in favor of defendants. The plaintiff contends that the hearing justice erred in finding no evidence that the plaintiff conferred a benefit upon the defendants. The plaintiff also argues that the hearing justice erred in in granting summary judgment on the basis of res judicata.

2018-337 Michael Colpitts v. W.B. Mason Inc. (show cause)

Plaintiff, a former employer of defendant, was terminated for his failure to submit to a drug test. He filed this wrongful termination case alleging that defendant violated R.I.G.L. § 28-6.5-1(a)(1), the employer drug testing statute, by requesting that he submit to a drug test without reasonable grounds. Plaintiff appeals from a judgment for defendant.

2018-294 Yagoozon, Inc. v. Uncle Milton Industries, Inc. (show cause)

This is a breach of contract case. Third-party defendant Justin Ligeri appeals from the entry of summary judgment for Uncle Milton Industries, Inc. on Uncle Milton’s claim that Ligeri was the alter ego of Yagoozon, Inc. for purposes of its counterclaims, in the amount of over one million dollars. He claims the evidence did not demonstrate that he served as the alter ego of Yagoozon.

2018-169 Russell Henry v. Media General Operations, Inc. et al. (full briefing)

This defamation action arose after defendants reported a ticketing scandal in the city of Cranston in 2014. The plaintiff appeals from the entry of summary judgment in favor of defendants. The plaintiff argues that this Court should overturn its precedent that all police officers are public officials for defamation actions. Alternatively, plaintiff argues that questions of fact exist as to whether defendants acted with actual malice.

2018-4 Philip Thompson, Jr. v. Millard Wire Company (show cause)

This workers compensation case is before the Court on petition for certiorari after the Workers’ Compensation Court denied petitioner’s claim for benefits for a neck injury. The plaintiff contends the trial judge erred in rejecting a doctor’s testimony on grounds that the doctor was not an orthopedic surgeon.

2018-4 Philip Thompson, Jr. v. Millard Wire Company (show cause)

2018-169 Russell Henry v. Media General Operations, Inc. et al. (full briefing)

2018-294 Yagoozon, Inc. v. Uncle Milton Industries, Inc. (show cause)

2018-337 Michael Colpitts v. W.B. Mason Inc. (show cause)

2018-155 John Begg, D.D.S. v. Nicole Alexander-Scott, M.D. (full briefing)

The petitioner seeks to overturn a Superior Court order upholding the Rhode Island Department of Health’s two-year suspension of the petitioner’s dental license in this administrative appeal. The department determined that the petitioner failed to adhere to minimal standards in maintaining patient records and failed to furnish information requested by the dental board. The petitioner contends that the department failed to comply with statutory notice and inspection provisions; the department was required to issue a subpoena to obtain patient records; and the two-year suspension was not warranted under the facts of the case.

2018-288 Timothy Frazier v. Liberty Mut. Ins. Co. (show cause)

The plaintiff appeals from an entry of summary judgment in favor of the defendant in this slip and fall case. The plaintiff was unable to serve process on the owner of the restaurant where he fell, and his original action was dismissed without prejudice. Under the savings statute, the plaintiff filed a second action against the owner of the restaurant, and when he was again unable to serve the owner, he amended his complaint to pursue a direct action against the restaurant’s insurer. Summary judgment for defendant was granted on the basis that the statute of limitations had expired. The plaintiff contends that his amended complaint was timely under amendments to §§ 9-1-14(c) and 27-7-2. The plaintiff contends he had an additional 120 days to pursue an action against the defendant from the time service of process against the owner of the restaurant was returned non est inventus.

2018-356 Esther Yanku v. Walgreen Co. (show cause)

The plaintiff appeals from the entry of summary judgment in favor of the defendants in this slip and fall case. The plaintiff slipped and fell on a speed bump in a Walgreen’s parking lot. The plaintiff argues that summary judgment was not appropriate because there was a question of fact as to whether the speed bump was an open and obvious hazard and whether the speed bump was defectively designed.

2018-261 E.W. Burman, Inc. v. Bradford Dyeing Association, Inc. (show cause)

The plaintiff appeals from a final judgment in favor of the defendant. Plaintiff argues both that the trial judge overlooked or misconceived material evidence presented in support of its claim that an oral contract existed between the parties and that the trial judge misapplied the law in determining that no such oral contract existed.

2018-343 Leslie Dominguez v. Wilfredo Rosa Otero (show cause)

Plaintiffs appeal from the denial of their motion for a new trial after a jury verdict in favor of defendant, based on a finding that defendant was not negligent in causing a collision between the parties’ vehicles.

2018-50 Grace Kwon v. City of Pawtucket (full briefing)

In this declaratory judgment action, plaintiffs appeal from a judgment in favor of municipal defendants from the city of Pawtucket. The case involves a constitutional challenge to a city ordinance that requires body works establishments within the city of Pawtucket to obtain a license. On appeal, plaintiffs assert that the trial judge erred: (1) in failing to make sufficient findings of fact to support his decision, (2) in concluding that plaintiff’s claims were not yet ripe for decision, and (3) in determining that plaintiff’s constitutional claims were not justiciable or meritorious.

2018-316 Edward St. Onge v. USAA (show cause)

Plaintiff appeals from an order dismissing his action against defendant USAA Federal Savings Bank for lack of personal jurisdiction.

2018-84 Alan M. Shine v. Charles Moreau (show cause) 2018-85 2018-86

The appellants appeal from an order denying their motions for entry of final judgment. They contend that the state was required to indemnify their attorney’s fees. They assert that the Superior Court erred in not entering final judgment against the state of Rhode Island.

2018-347 Cesar A. Wool v. Christiana Trust (full briefing)

The plaintiff appeals from an order dismissing his complaint and declaring that the foreclosure sale on his property was valid. The plaintiff contends that the foreclosure notice he received was defective. He asserts that the notice did not comply with the notice requirements set forth in the mortgage.

2018-249 City of Cranston v. Int’l Bhd. of Police Officers, Local 301 (full briefing)

The city of Cranston appeals from a Superior Court judgment in favor of the defendants, International Brotherhood of Police Officers, Local 301, Daniel Nuey, and the Municipal Employees’ Retirement System of Rhode Island. The trial justice ordered the city to arbitrate the union’s grievance on behalf of Mr. Nuey, after finding that Mr. Nuey had not retired from his position as a Cranston police officer.

2018-242 Pamela Joplin v. Kathleen A. Cassin, M.D. (full briefing)

In this medical malpractice case, defendant asserts that the trial judge erred in granting the plaintiff’s motion for new trial, because: (1) reasonable minds could come to different conclusions on proximate causation when considering the evidence in this case; and (2) she misapplied the standard of review, overlooked material evidence, and improperly removed proximate causation as a separate and distinct element of negligence.

2018-246 Dana Gallop v. Adult Correctional Institution, et al. (show cause)

The plaintiff appeals from a final judgment in favor of the defendants. He claims that he should have been permitted to proceed with the claims in his second amended complaint because the civil death statute is unconstitutional.

2018-307 Town of Richmond, R.I. v. State of R.I., et al. (full briefing)

The town of Richmond opposes the state DEM’s plans to build a visitor center for the Arcadia Management Area in Richmond. On appeal from summary judgment, the town challenges the application of the Comprehensive Planning and Land Use Regulation Act and contends that a balancing-of-interests test would have been more appropriate.

2018-219 Reney Mondoux, et al. v. Peter Vanghel (show cause)

This is a contract dispute between purchasers of a home and the contractor who built the home. The plaintiffs/purchasers appeal from summary which was granted on the basis of the statute of limitations. The plaintiffs argue that the trial justice applied the wrong statute of limitations to their claims.

2018-250 K&W Automotive v. Town of Barrington (show cause)

Defendant appeals from a judgment in favor of plaintiffs in this declaratory judgment action. At issue is whether the Superior Court erred in declaring the town’s tobacco ordinance to be null and void and enjoining enforcement of the ordinance. The town ordinance banned the sale of flavored tobacco and set the age to purchase tobacco at 21 years old.

2018-274 Town of Exeter v. Janet Coit (show cause)

Plaintiff appeals from the entry of summary judgment in favor of the state of Rhode Island and the denial of its own motion for summary judgment. Plaintiff contends that the state was required to submit its building project to the town’s zoning and land use approval process. The building project at issue is a visitors center in the Arcadia Management Area.

2018-282 OSJ of Providence v. Aly Diene (show cause)

The pro se defendant appeals from the denial of his “Motion for Postjudgment Relief Petition for Perjury.” The hearing judge ruled that the defendant was not entitled to relief under Rule 60(b).

2018-40 In re Narragansett Electric Company (full briefing)

The city of Providence, Friends of India Point Park, Procaccianti Companies, Inc. d/b/a The Hilton Garden Inn, and McMac, Inc. d/b/a The Rhode Island Seafood Festival seek review of an order issued by the Energy Facility Siting Board regarding the relocation of power lines across the Providence and Seekonk Rivers.

2018-87 In re L.Z. (show cause)

The respondent appeals from a civil commitment order confining her to inpatient treatment and ordering the administration of certain medication. The respondent contends that the hearing judge erred in permitting hearsay testimony from a psychiatrist who treated her. The respondent asserts that the psychiatrist’s testimony violated Rule 703 and Rule 803(24) of the RI Rules of Evidence.

2018-92 Michael J. Salvatore v. Thomas A. Palangio (show cause)

The defendant appeals from the denial of his motion for a new trial and the denial of his renewed motion for judgment as a matter of law. The defendant argues that the plaintiff failed to prove the claims of promissory estoppel and unjust enrichment. He also contends that the trial judge should have excluded references to his position as a state representative.

2018-143 Alison N. Martins v. Bridgestone Am. Tire Operations (full briefing)

The plaintiff appeals from a partial final judgment dismissing her action against certain defendants for lack of personal jurisdiction. The plaintiff contends that the defendants had sufficient minimum contacts with Rhode Island for the Superior Court to exercise personal jurisdiction. The plaintiff also contends that the Superior Court erred in denying her request to conduct jurisdictional discovery.

2018-177 John Ferreira v. Child and Family Services of RI (show cause)

The plaintiff appeals from an order granting the defendant’s motion to dismiss. The plaintiff contends that he pled sufficient facts to sustain his defamation, employment discrimination, and constructive termination claims.

2018-207 Joseph Diorio v. Hines Road (show cause)

The plaintiffs appeal from the entry of summary judgment. They argue that the Superior Court erred in deciding that the municipal defendants were protected from liability pursuant to the doctrine of prosecutorial immunity. They argue that the officials in question exercised administrative functions and nondiscretionary functions that would make the prosecutorial immunity doctrine inapplicable.

2018-183 Amet Chelo v. Glenn Chelo and Craig Chelo (show cause)

Plaintiff’s probate appeal was dismissed on the grounds that he lacked capacity to pursue the appeal in his own name, as he is under a guardianship. He contends that he is only under a limited guardianship and thus can pursue this probate appeal on his own.

2018-114 Federal Hill Capital, LLC v. City of Providence (full briefing)

The plaintiffs challenge the constitutionality of a Providence zoning ordinance limiting the number of students who may live in a single-family home in two of the city’s residential districts.

2018-195 Daryl Heneault v. Kenneth Lantini (show cause)

The defendants contend on appeal that the economic loss doctrine bars the plaintiff from recovering damages for the tort of conversion. The defendants also contend that the trial judge erred in awarding attorney’s fees to the plaintiff because the jury did not find that the defendants had committed breach of contract.

2018-198 Dionisio Polanco v. City of Providence (show cause)
2018-204

The plaintiffs appeal from a determination that their negligence and respondeat superior claims were barred by the statute of limitations. The plaintiffs contend that the hearing judge erred in not applying the discovery rule in this case. They also argue that the statute of limitations was tolled when a police officer made misrepresentations on the existence of exculpatory witnesses, as well as under the doctrines of equitable estoppel, equitable tolling, and collateral estoppel.

2018-237 CFS 915 LLC v. Criticare Tech (show cause)

Defendants appeal from summary judgment in favor of the plaintiff in this foreclosure dispute. Defendants, who are leasehold tenants in the commercial property that is the subject of the foreclosed mortgage, and whose leases predate the mortgage, assert that they were wrongly evicted. They argue that: (1) the leaseholds were not extinguished by the foreclosure because they were executed prior to the mortgage and the mortgage purchaser had notice of the leaseholds; and (2) a genuine issue of material fact exists as to plaintiff’s notice of the leaseholds.

2018-94 In re Lynette Kapsinow (full briefing)

This case is before the Court on a certified question from the United States Bankruptcy Court for the District of Rhode Island. The bankruptcy court certified the following question to this Court: “Whether a debtor may claim an exemption in an inherited Individual Retirement Annuity, including one inherited from a non-spouse, pursuant to R.I. Gen. Laws § 9-26-4(11).”

2017-423 NESC, Inc. d/b/a New England Specialty Concrete, Inc. v. Bacon Construction Co., Inc. and CNA Surety Corporation (full briefing)
2018-107

2018-111

The plaintiff appeals from the denial of its motion to amend its complaint, claiming that the denial was an abuse of discretion. The defendant, Bacon Construction, appeals from the denial of its motion for a new trial. Bacon contends that the evidence did not show a meeting of the minds, that it was entitled to a remittitur of damages, that the plaintiff did not provide the amount of flooring it was seeking payment for, and that Bacon’s employee did not have authority to bind defendant contractually to the square footage quantity.

2018-121

2018-211 Gary Morse v. Michael Minardi, et al. (show cause)

The plaintiff appeals from final judgments entered in separate Superior Court actions. The plaintiff argues that he has standing to pursue these actions, and that the hearing justice did not make sufficient findings regarding the town’s compliance with statutory requirements.

2018-33 Karen Carroll v. Lisa Rodrigues, et al. (full briefing)

Defendants appeal from a judgment in favor of plaintiff in this adverse possession case set in Little Compton. They raise numerous issues challenging the trial judge’s findings regarding the length of the purported possession and the continuity of it. They also contend the judge misconceived and overlooked material evidence regarding the disputed use of the land and the acknowledgement by plaintiff and her deceased spouse that others had superior title to the land. They also assert that the plaintiff misled and deceived them into providing consent to use the land.

2018-115 Mark Cormier v. Francis Kinsey, Jr. et al. (show cause)

Plaintiff sued the nursing home where his mother was sexually assaulted by another patient and now appeals from an order granting defendant nursing home’s motion to stay the court proceedings and compel arbitration. At issue is whether the arbitration agreement was unenforceable due to the nursing home’s failure to sign it and whether the process for executing the agreement was unconscionable.

2013-174, 2017-394 In re Estate of Elizabeth Brown (show cause)

In this dispute over an estate, Mary Ryan appeals from a judgment affirming a Probate Court’s ruling that she was required to obtain a corporate surety bond as a condition for being appointed administrator of the estate of her deceased aunt. She also argues that the Superior Court erred in agreeing with the Probate Court that sanctions were not warranted against her sister’s attorney, and she contests the Superior Court’s imposition of conditions under which she could continue to file pleadings and other documents as a pro se litigant.

2018-214 Mikail Abdul-Karim v. Isaiah Abdul-Karim, et al. (show cause)

This case involves the dissolution of a joint tenancy in real property in Coventry. Defendants appeal from an order confirming an arbitration award and appointing a commissioner to carry out the dissolution. They argue they did not get a full and final hearing before the arbitrator.

2018-73 Claire Letizio, et al. v. Natale Ritacco, et al. (show cause)

Plaintiffs appeal from an order denying their motion for a new trial after a jury verdict in favor of defendants. On appeal, plaintiffs argue that the trial justice erred in his appraisal of the evidence regarding actual or constructive knowledge of a dangerous condition and regarding the defendants’ duty to warn of a dangerous condition.

2018-136 Dolores Voccola v. The Stop & Shop Supermarket Company, LLC, et al. v. Xpress Sweeping, Inc. (show cause)

Plaintiff appeals from summary judgment in favor of third-party defendant, Xpress Sweeping, Inc. The plaintiff claims that factual issues exist as to whether there was a defective condition on Stop & Shop’s premises and whether that condition caused plaintiff’s injury.

2018-57 Michelle Nyberg, et al. v. Suzann Walsh, et al. (show cause)

Defendants appeal from a Superior Court order granting injunctive relief and appointing a special master. The defendants contend that the hearing judge erred in granting the plaintiffs’ motion for injunctive relief because the corporate charter of the LLC had been revoked. They also argue that plaintiffs could not seek relief in a derivative action as the LLC was not valid at the time plaintiffs filed the instant case.

2017-37 The Allendale Baptist Church v. Robert R. Woods, et al. (show cause)

Plaintiff appeals from summary judgment in favor of defendants in this dispute over a tax foreclosure petition. The plaintiff argues that the Superior Court did not have jurisdiction over Allendale in the petition to foreclose because of defective service. The failure of service renders judgment in the foreclosure petition void ab initio, plaintiff claims.

2018-91 Jason Boudreau v. Automatic Temperature Controls, Inc. (show cause)

The plaintiff appeals from summary judgment in favor of defendants based on the statute of limitations. The plaintiff claims that the trial judge erred in finding that plaintiff was aware of his causes of action prior to August 2013. He also argues that the statute of limitations was tolled, and that his causes of actions were concealed from him.

2018-124 Gerald P. Richard, Jr. v. Steven Robinson (show cause)

The defendant appeals from a Superior Court order denying his motion to confirm an arbitration award. The defendant claims that the hearing justice erred in finding that plaintiff’s attorney made every effort to file a proper rejection of the award. The defendant also claims that the hearing justice erred in rescheduling the date for a control calendar in Providence County.

2018-36 Alice Hunt v. 25 Burnside Avenue (show cause)

In this receivership case, an interested party, Kevin Hunt, appeals from a Superior Court order setting forth instructions as to the proper division of proceeds from the sale of 25 Burnside Avenue in Narragansett, Rhode Island, the former marital domicile of Alice Hunt and Kevin Hunt. Alice Hunt initiated this case by filing a petition for the appointment of a receiver for the real estate.

2018-59 Estate of Sergio Prete v. Probate Court, Narragansett (show cause)

The pro se plaintiff, executrix of the estate of Sergio Prete, appeals from a Superior Court judgment in favor of the defendants, the Probate Court of Narragansett and the probate judge. Defendants’ motion to dismiss plaintiff’s appeal of a probate court order was granted by the Superior Court because the petitioner failed to appear.

2018-51 RI Am. Fed’n of Teachers v. Johnston Sch. Comm. (show cause)

The defendants contend on appeal that the hearing judge erred in interpreting § 16-16-42 (2013) pertaining to life insurance for retired teachers. The defendants contend that the plain meaning of the statute indicates that the cost of life insurance for retired teachers must be according to the cost in effect at the time the teacher retires, not the last day of the teacher’s employment.

2018-72 Karl Olsen v. Anna L. DeMayo (full briefing)

The plaintiff appeals from the entry of summary judgment in favor of the defendant. The plaintiff contends that the hearing judge erred in interpreting § 34-18-22.3, which permits a tenant to withhold rent for the failure of a non-resident landlord to designate an agent for service of process. The judge ruled that this statute does not allow a tenant to file an action to recover previously paid rent. The plaintiff contends that § 34-18-22.3 clearly abates the tenant’s rent if the non-resident landlord fails to file a designated agent for receiving service of process. The plaintiff argues that a tenant may recover paid rent if a landlord has not complied with § 34-18-22.3.

2018-78 In re Keven McKenna (show cause)

The appellant appeals pro se from an order finding him in civil contempt and remanding him to the Adult Correctional Institutions (ACI). The appellant contends that his incarceration was without probable cause and violated his due process rights. He also contends that he did not receive notice prior to his incarceration.

2018-17 David Clark v. Buttonwoods Beach Association (full briefing)

Plaintiffs appeal from a judgment in favor of the defendant in this adverse possession case. On appeal, plaintiffs assert that the trial judge erred in finding that they had not met their burden of establishing by clear and convincing evidence that they occupied a waterfront lot owned by defendant under a claim of right in an actual, open, notorious, hostile, continuous, and exclusive manner.

2018-113 Metropolitan Grp. Prop. & Cas, Inc. v. Sean Killeavy (show cause)

In this insurance dispute, defendant contends on appeal that the hearing judge erred in determining that Metropolitan had no duty to defend and indemnify him pursuant to the “business activities” and “business pursuits” exclusions in the relevant insurance policies. He contends that the nature of his alleged negligent act in the underlying case demonstrates that the business exclusions do not apply. He asserts that these exclusions do not apply because his conduct in the underlying case bore no relationship to the work of the business.

2018-22 Thomas Shannahan v. RI Interlocal Risk Mgmt. Trust (show cause)

The plaintiffs filed an action for defamation, intentional and negligent infliction of emotional distress, invasion of privacy, and other claims against Central Falls officials. The city’s insurer was substituted as the defendant in this action when the city went into bankruptcy. The plaintiffs contend that numerous issues of material fact should have precluded the entry of summary judgment.

2018-18 Bayview Loan Servicing v. PBLF, et al. (show cause)

The defendant appeals from the entry of summary judgment in favor of the plaintiff. This case concerns the interpretation of § 34-26-7 and the effect of a mortgage amendment and modification agreement on a 1992 loan.

2018-11 John Broccoli v. Walter Manning (show cause)

Plaintiff appeals from summary judgment in favor of defendant in this case in which plaintiff alleged a breach of a professional contract and fraud and sought over $875,000 in damages. The defendant is an attorney. The lower court determined that plaintiff’s claim was barred by the 3-year statute of limitations because it sounds in legal malpractice. Plaintiff contends that the 10-year statute of limitations applicable to breach of contract or fraud should apply to his claim.