Supreme Court
Civil Case Summaries 2020
2020-178-M.P. Julia Darocha v. Providence Braid Co. (show cause)
The plaintiff-petitioner challenges the denial of her application for worker’s compensation benefits. She asserts that the Appellate Division erred in misapplying the so-called “going and coming rule.”
2020-120-M.P. Doris Phillips v. Enterprise Rent-A-Car Co. of R.I. (show cause)
The petitioner seeks review of a final decree of the Workers’ Compensation Court’s Appellate Division, which found that the going-and-coming rule precluded plaintiff from recovering dependency benefits for the fatal injuries suffered by her husband while he was employed by respondent. The petitioner argues that the Appellate Division erred in failing to find that her husband was injured in the course of his employment.
2020-244 Green Dev’t, LLC v. Town of Exeter (show cause)
The plaintiff appeals from a Superior Court judgment in favor of the defendants in this dispute over the plaintiff’s proposal to build several solar projects in the town of Exeter. The town declared a moratorium on such projects and subsequently revised its zoning ordinance to prohibit the proposed facilities in all but one district.
2020-222 South Broadway Prop. v. 999 South Broadway, LLC (full briefing)
The plaintiff appeals from a Rule 54(b) judgment in favor of defendants in this property dispute involving three noncontiguous parcels in East Providence. After defendants sold two of the three parcels to the plaintiff, plaintiff filed this action alleging that all three parcels were subject to a use variance that permitted off street parking on the third parcel to benefit the other two parcels and that all three parcels were effectively merged by the use variance.
2020-170 Regan Htg. & AC, Inc. v. Arbella Prot. Ins. Co. (full briefing)
The plaintiff appeals from a Rule 54(b) judgment in favor of the defendant insurance company in this breach of contract action. The defendant refused to defend and indemnify the plaintiff for a claim arising from the leak of 170 gallons of home heating oil into a client’s home. The defendant asserted that the oil was considered a pollutant under the policy and was thus excluded from coverage. The plaintiff argues on appeal that the trial judge erred in finding the policy unambiguous and erred in failing to consider extrinsic evidence in the form of past claims paid.
2020-223 Amber Preston v. Town of Hopkinton (show cause)
The plaintiff appeals from a summary judgment in favor of the town on her claim for litigation expenses pursuant to the Equal Access to Justice Act, § 42-92-1 et seq. She asserts that she was an interested party affected by the zoning board’s decision to allow her neighbors to keep alpacas on their property, and therefore she was a prevailing party when this Court quashed the Superior Court judgment for the town and remanded the matter back to the board. She also argues that the board’s decision was not substantially justified. The issue on appeal involves statutory interpretation.
2020-234 Charles Anton v. Phillippe Houze (full briefing)
2020-247
These consolidated appeals concern control over the governance of a condominium association. The defendants appeal from a judgment in favor of plaintiffs in accordance with an order that grants plaintiffs’ requests for declaratory and injunctive relief, grants their motion to hold defendants in contempt, and requires defendants to pay attorney’s fees in excess of $200,000. The plaintiffs cross-appealed from the portion of the decision in which the trial justice determined that defendants’ counterclaim was not barred by the statute of limitations.
20-272 Riley v. Town of Narragansett Pension Board (full briefing)
The Narragansett Pension Board appeals from a judgment in favor of plaintiffs in this municipal pension revocation action. The board asserts that the trial justice erred in finding that the Narragansett municipal pension revocation ordinance is unconstitutionally vague and in awarding plaintiffs attorneys’ fees and costs.
20-115 In re Block Island Power Company (full briefing)
The Block Island Utility District d/b/a Block Island Power Company seeks review of an order of the Public Utilities Commission denying its petition for a declaration that certain interconnection costs involved in the Town of New Shoreham Project should be shared among all Rhode Island electric customers.
2020-238 Shirley P. Morgan v. Richard C. Bicknell (show cause)
This is a dispute about a deceased former spouse’s retirement account. The defendant appeals from the entry of summary judgment, arguing there is a genuine question of whether his deceased former spouse waived a provision of their non-merged property settlement agreement that specified that the defendant would not receive any interest in her retirement account. The defendant contends that she waived the provision in question when she did not remove his name as the beneficiary under her retirement account.
2020-276 Edward Thompson v. Bank of America (show cause)
The plaintiff appeals from a final order denying his motion for decree pro confesso and petition to foreclose tax lien. The plaintiff contends that the hearing justice erred in not entering a decree foreclosing the right of redemption for the defendant bank because the bank was defaulted for failing to file a timely answer to the plaintiff’s petition. The plaintiff also contends that the hearing justice overlooked competent evidence that the property in question had been vandalized and/or was in “non-code compliant condition” in deciding that the plaintiff could not foreclose the right of redemption under § 44-9-25.3.
2020-227 Yendee Ho-Rath v. R.I. Hospital (full briefing)
2020-228 Yendee Ho-Rath v. R.I. Hospital (full briefing)
In these “wrongful life” cases, plaintiffs appeal from Superior Court judgments in favor of all defendants. These cases raise a novel issue as to whether a child may recover for the alleged negligence of doctors, hospitals, and laboratories that failed to provide her parents with accurate genetic information which would have led the parents to decide not to have the child.
2020-233 Kenneth Loffredo v. Stephen Shapiro (full briefing)
This case involves a dispute over the sale of real property which the plaintiffs contend they should have been able to purchase. Plaintiffs appeal from summary judgment entered in favor of each of the defendants. On appeal, plaintiffs assert that the trial justice erred: (1) in misinterpreting R.I. Gen. Laws § 5-20.5-17(b) and finding that this provision does not provide a private right of action to an aggrieved person, unless and until there has first been a Department of Business Regulation disciplinary proceeding against the licensed agent or broker; and (2) in deciding disputed issues of material fact.
2020-246 Maria C. Rosa v. PJC of Rhode Island, Inc. (full briefing)
The plaintiff appeals from a summary judgment in favor of defendant Belltower Acquisitions, LLC in this slip-and-fall action against Belltower and several other defendants. The central issue is whether Belltower, an individual condominium owner in a shopping plaza, or the Belltower Plaza Condominium Association, owed a duty of care to plaintiff. Plaintiff argues that the trial justice erred in determining that the requirement to file a certain certificate pursuant to the R.I. Condominium Act, § 34-36.1-3.01, was directory, not mandatory.
2020-23 Glen Matteson v. RI Dep’t of the Attorney General (show cause)
The plaintiff appeals from a judgment in favor of the state, affirming a magistrate’s decision, which in turn affirmed the decision of the Sex Offender Board of Review to classify plaintiff as a Level III sex offender. The plaintiff claims that the board acted arbitrarily and ignored its own assessment tools in placing him in the high-risk category. He also claims that the board erred in failing to disclose what material outside the risk assessment tools it used to establish plaintiff’s risk to reoffend.
2020-182 The Union Cemetery Burial Society of North Smithfield v. John D. Foisy, et al. (full briefing)
The defendants appeal from a judgment and order in favor of plaintiffs following a bench trial in this property dispute. The defendants’ defense was that they obtained the property by adverse possession. On appeal, they argue that the judge erred in determining that they failed to establish open and notorious use of the areas of encroachment.
2020-183 Daniel S. Harrop v. RI Div. of Lotteries, et al. (full briefing)
2020-210
2020-211
The plaintiff appeals from summary judgment in favor of defendants, claiming that the sports wagering act of 2018 and the online sports wagering act of 2019 were unconstitutional because they were not properly approved by voters through a referendum. He claims that earlier voter approvals of casino gaming in 2012 and 2016 did not approve sports wagering because they did not give fair notice to voters that sports wagering was included within the term “casino gaming.” The state, UGTR, Inc., and Twin River-Tiverton filed a cross-appeal, claiming the trial judge erred in determining that plaintiff had standing to pursue this action and that plaintiff’s claims were justiciable. The state also argues that plaintiff did not have a private cause of action and was estopped from challenging the constitutionality of the sports wagering acts.
2020-78 Paul R. and Michele C. Boisse v. Joseph R. Miller d/b/a Joseph Miller Construction, et al. (show cause)
The defendants appeal from a judgment in favor of plaintiffs after a bifurcated trial. The defendants contend that the trial justice was not aware of a settlement involving an insurance company that would impact a fair settlement in this case. They argue that the trial justice made a decision on a revised case that they were not aware of, and that trial counsel failed to properly communicate with defendant Lynne Miller.
2020 Rhode Island Housing and Mortgage Finance Corp. v. Edward Gordon (show cause)
The respondent appeals from a decree foreclosing all rights of redemption in property previously owned by her deceased father. The respondent claims that this case was brought under the wrong name, because her father is deceased. She contends that she does not owe the taxes alleged and claims error because her sister died while the foreclosure petition was pending. She argues that the trial justice should have recused himself from her case. She claims that she is entitled to relief from judgment.
2020-253 In re J.T. (show cause)
The respondent appeals from an order committing him to a residential living facility for adults with developmental disabilities. He asserts that: (1) he is entitled to a de novo hearing on appeal in the Superior Court, pursuant to § 40.1-22-10(f), and (2) the District Court judge erred in considering evidence of his juvenile adjudications, as well as uncharged conduct and his community notification requirement, in determining whether he is developmentally disabled and whether his discharge creates a likelihood of serious harm to himself or others.
2020-221 In re K.S. (show cause)
The respondent appeals from the denial of her motion for habeas corpus and her motion to dismiss, pursuant to Rule 12(b)(2), in this civil court certification case. On appeal, respondent asserts that the hearing justice erred: (1) in finding that the process by which respondent was removed from Connecticut and held against her will at Westerly Hospital was legal and did not violate respondent’s due process rights pursuant to the Fourteenth Amendment and article 1, section 2 of the RI Constitution; and (2) in denying her motion to dismiss because the petitioner failed to meet the requirements of § 9-5-33 and the Due Process clause of the Fourteenth Amendment.
2020-40 Verizon NE v. Dept. of Revenue (full briefing)
The petitioners, the cities of Cranston and Pawtucket, seek review of two orders of the District Court denying their motions to intervene in a tax appeal brought by Verizon New England, Inc.
2020-150 Johnston Equity Assoc., L.P. v. Joseph Chiodo (full briefing)
2020-224
The plaintiffs appeal from a final judgment limiting their damages to the $100,000 statutory cap for damages against a government under § 9-31-3. The plaintiffs received a jury verdict in their favor in the amount of $1.2 million dollars for their trespass claim against the town of Johnston for allowing sewage from its municipal sewer pipelines to be discharged into the plaintiffs’ private pipeline. After the jury verdict, the trial justice ruled that the $100,000 statutory cap applied to the plaintiffs’ claim in this case because the claim focused on the design of the town sewer system, a governmental function. The plaintiffs contend that the trial justice erred because their claims were about the town’s operation of the sewer system, not its design. The plaintiffs also contend that prejudgment interest should have been added to the damages award.
The town cross-appeals, arguing that the trial judge erred in denying its motion for judgment as a matter of law. It argues that it acquired the sewer line, based on a 1973 agreement between the town and an alleged agent of the plaintiffs; that it acquired a prescriptive easement over the line; and that it was immunized from liability under the public duty doctrine.
2020-64-A. Town of Coventry v. Forsons Realty (full briefing)
This case is before the Court on appeal by the town of Coventry from the entry of judgment in favor of the defendants in this zoning case brought by the town pursuant to G.L. 1956 § 45-24-62. On appeal, the town asserts that the trial justice erred: (1) in finding that defendants met their burden of proof, after the burden of proof shifted when the town proved a prima facie case that defendants had violated the zoning ordinance; and (2) in applying the wrong standard in consideration of the zoning certificate issued by the zoning enforcement officer.
2020-92-A. Michael Cardiff v. Estate of Barbara J. Cardiff (show cause)
T
his case is before the Court on appeal by the petitioners from judgment in favor of the respondents in this probate dispute. On appeal, petitioners assert that the trial justice erred in affirming the order of the Westerly Probate Court, finding that the will of Barbara J. Cardiff met the necessary formalities of G.L. 1956 § 33-5-5 and admitting the will into probate.
2020-105-M.P. Althea Johnson v. Horace Johnson (show cause)
This case is before the Court on a certified question from the United States Court of Appeals for the First Circuit. The court seeks guidance on the definition of the term “civil action” as used in G.L. 1956 § 27-7-2.2, and “on any other relevant aspect of Rhode Island law that . . . would aid in the proper resolution of the issues pending” in the case. See Johnson v. Johnson, 952 F.3d 376, 379 (1st Cir. 2020) (per curiam)
2020-117-A. Webster Bank v. Arnold S. Rosenbaum et al. (full briefing)
The defendants appeal from a Superior Court judgment in favor of the plaintiff in the amount of 1.4 million dollars in this collection action. The case raises questions about choice of law governing statutes of limitations in contract cases.
2020-138-A. Nerney v. Town of Smithfield (show cause)
The plaintiff, who appears pro se, appeals from a judgment in favor of the defendant town of Smithfield. The plaintiff asserts that the hearing justice erred in granting the town’s motion to dismiss. The plaintiff contends that the court should have granted her request for a writ of mandamus directing the town to require neighboring property owners to remove certain trees.
2020-163-A. Family Dollar Stores of RI v. Araujo (show cause)
The plaintiff appeals from an entry of summary judgment in favor of defendant. The plaintiff contends that the hearing justice erred in determining that the release settling his workers compensation claim was ambiguous. The plaintiff contends the release unambiguously bars the defendant from proceeding with his disability discrimination action against the plaintiff before the RI Commission for Human Rights.
2020-91, 2020-122 Battaglia v. Lombardi (full briefing)
The plaintiff appeals from the entry of summary judgment in favor of the city of Providence in this case involving the public duty doctrine. The city has cross-appealed. At issue is whether there was a factual question that should not have been resolved on summary judgment as to whether the egregious conduct exception to the public duty doctrine applied.
2020-56 E.T. Investments v. Riley (show cause)
The defendant appeals from a final judgment in this tax sale action. In essence, the defendant argues that the decree was invalid because the title report was approved, and the citation to foreclose the right of redemption was issued, before the title examiner was officially appointed by the Superior Court.
2019-173 Eddy v. Pascoag Fire District (show cause)
The plaintiff appeals from a judgment entered in favor of his former employer, the Pascoag Fire District, and the local union that represented him in disciplinary proceedings that led to the termination of his employment. He alleged both a breach of the duty of fair representation against the union and violation of the collective bargaining agreement against the fire district. On appeal, he argues that the judge erred in granting summary judgment on the grounds that he failed to exhaust his administrative remedies. He contends there’s a question of fact as to whether the fire district intentionally induced him not to pursue his grievance. He also contends the union created a condition it knew he could not meet by offering to pursue arbitration at his expense, knowing he did not have the resources to do so, and therefore any failure to exhaust his remedies was because of the union’s actions.
2020-79 Harris v. Eddy (show cause)
The defendant appeals from an order declaring her in contempt of a prior visitation order. The defendant claims that the judge misconceived evidence and erred in finding defendant in contempt of its visitation order, in accepting statements and questions by plaintiff as evidence, in denying defendant’s motion to dismiss plaintiff’s motions to find her in contempt, and in exceeding the scope of the Supreme Court’s limited remand order.
2019-394 Sullivan v. Sullivan (show cause)
The defendant appeals from a decision pending final entry of judgment of divorce. He contends that the judge made numerous errors in his findings, including those about the parties’ premarital contributions to the marital estate, whether the plaintiff contributed to defendant’s acquisition of an M.B.A., whether certain credit card debt was a marital debt, what defendant’s annual earning capacity was, and whether an undocumented loan from defendant’s parents was a marital debt. He also contends that the judge erred in ordering him to pay plaintiff’s attorney’s fees related to defendant’s mother’s attempt to collect on that debt, in failing to include the marital appreciation of premarital assets in the marital estate, and in finding that plaintiff did not dissipate marital assets.
2019-420-A V. George Mitola v. Providence Public Buildings Authority (full briefing)
The plaintiffs appeal from a final judgment, entered after a bench trial, in favor of the defendant, Providence Public Buildings Authority (the authority), in this condemnation of real property action. The plaintiffs contend that the trial judge erred in denying their petition to compel the defendant to purchase their property in fee simple. The plaintiffs contend that the trial judge erred in deciding that they had not filed their petition in a timely fashion. They argue that the judge acted arbitrarily in imposing a time limitation on the petition, as the relevant statute, G.L. 1956 § 45-50-13(a)(5), has no such time limitation. The plaintiffs further contend that, for the trial on the valuation of the development rights of their property, the trial judge erred in relying upon a hybrid approach for the valuation of the development rights employed by the defendant’s expert. The sales comparison approach was the appropriate method for the valuation in this case, the plaintiffs argue.
2019-459-A Cody-Allen Zab v. Ashbel T. Wall (full briefing)
2019-462-A Jose Rivera v. Ashbel T. Wall
In these consolidated appeals, the plaintiffs appeal from judgments entered in favor of the defendants, the Rhode Island Department of Corrections and Global Tel*Link Corporation. Plaintiff Zab appeals from the entry of summary judgment. Plaintiff Rivera appeals from judgment on the pleadings. The civil death statute (G.L. 1956 § 13-6-1 et seq. (2016)) is the central issue in both cases. The plaintiffs contend that the civil death statute is unconstitutional in preventing Zab from asserting his 42 U.S.C. § 1983 claim. The plaintiffs also contend the civil death statute violates their rights to equal protection under the Rhode Island constitution. They additionally assert that the civil death statute violates the due process clause of the Rhode Island constitution.
2020-48-A Angela Dextraze v. Timothy Bernard (show cause)
This case, involving an assault at Ponaganset High School, is before the Court on appeal by the defendant, the Foster-Glocester Regional School District (FGRSD), from judgments entered after a jury trial resulted in a verdict in favor of the plaintiffs. On appeal, FGRSD asserts that the trial judge erred: (1) in denying its motion for judgment as a matter of law and in denying its motion for new trial, because plaintiffs offered no expert testimony or other evidence on the scope of duty and the standard of care; and (2) in denying its motion for judgment as a matter of law and in denying its motion for new trial, because plaintiffs offered no evidence that FGRSD’s actions were the proximate cause of Cory Dextraze’s injuries.
2020-66-A Michael Benson v. Gina Raimondo (full briefing)
The plaintiffs, individually and on behalf of Baby Roe, Jane Doe, individually and on behalf of Baby Mary Doe, and Catholics for Life, Inc. d/b/a Servants of Christ for Life, appeal from the dismissal of their action pursuant to Rule 12(b)(6) of the Superior Court Rules of Civil Procedure. The plaintiffs contend that the hearing judge erred in ruling that they did not have standing to pursue this action. They argue that they suffered injury in fact. The plaintiffs additionally assert that the public interest exception for standing applies in this case. The plaintiffs also contend that the hearing judge did not apply the correct burden of proof for a motion to dismiss. They further argue that the hearing judge should not have addressed the merits at the motion to dismiss stage of the case.
2020-63 Peter J. Bradley v. Town of Cumberland (show cause)
The plaintiff appeals from a final judgment entered in favor of the town. The plaintiff contends that he was unlawfully removed as town council president in violation of the town charter. He also contends that the town violated the open meetings act.
2020-104 Dr. William Kyros v. R.I. Dep’t of Health (full briefing)
The petitioner, Rhode Island Department of Health, seeks review pursuant to a writ of certiorari of a Superior Court order reversing requirements imposed by the Board of Medical Licensure and Discipline. The petitioner contends that the board’s requirement that the respondent undergo a clinical competency assessment was supported by the record.
2020-194 Epic Enters. LLC v. 10 Brown & Howard Wharf Condo. Ass’n (show cause)
The respondent, Bard Group, LLC (Bard), appeals from an order appointing a temporary receiver for Bard. Bard argues that the petitioners did not have standing to seek a temporary receivership for Bard. Bard also contends that even if the petitioners had standing to seek a receivership the trial judge erred in granting the temporary receivership, as the petitioners failed to exhaust other legal remedies.
2020-81-A. Thomas Shannahan, et al. v. Rhode Island Interlocal Risk Management Trust (show cause)
The plaintiffs appeal from summary judgment in favor of defendant. The plaintiffs argue that the trial justice erred in deciding that they could not proceed with their bad faith claim against the defendant insurer. The plaintiffs claim that the defendant insurer was required to handle their claims in good faith regardless of whether plaintiffs ultimately succeeded in those claims.
2020-55-A. Steven Francazio, et al. v. Town of Smithfield, et al. (show cause)
The plaintiff appeals from the dismissal of his amended complaint against all defendants. The plaintiff contends that he was not required to exhaust administrative remedies before proceeding with a declaratory judgment action in this case because the planning board exceeded its powers in approving the application for low and moderate income housing. The plaintiff contends that the planning board should have considered whether to grant a special use permit because the number of units exceeded one percent of the town’s housing units. The plaintiff also claims that he should be permitted to proceed with an administrative appeal under liberal pleading standards.
2020-29-A. To Hamogelo Toy Paidiou a/k/a The Smile of the Child v. Estate of Matoula Papadopouli (full briefing)
The plaintiff appeals from a judgment affirming an order of the Middletown Probate Court regarding the estate of Matoula Papadopouli and denying plaintiff’s appeal. The plaintiff contends that the trial justice erred in applying Rhode Island law rather than Greek law, and in allowing the payment of fees and costs in a foreign will dispute from the assets of the estate.
2020-21-A. West Warwick Housing Authority v. R.I. Council 94 2020-22-A. AFSCME, AFL-CIO (full briefing)
The plaintiff appeals from separate final judgments in favor of the defendant, granting the union’s motions to confirm two arbitration awards and denying the plaintiff’s motions to vacate the awards. The plaintiff contends that the matters were not arbitrable because the collective bargaining agreement was not in effect at the time the employees were terminated because the agreements had not been approved by the United States Department of Housing and Urban Development. The plaintiff further argues that the agreement had expired prior to the employee’s termination.
