Supreme Court

Civil Case Summaries 2021

2021-263-M.P. Schmidt v. Electric Boat (full briefing)

The petitioner seeks review of a decree of the Appellate Division of the Workers Compensation Court. Petitioner sought reimbursement of the residual value of a specially equipped minivan to accommodate his disability. The central issue is whether petitioner’s claim was time-barred. The secondary issues include whether petitioner needed prior approval before purchasing the van and what the present-day value of the modifications is.

2021-185-MP City of Providence v. R.I. Dept. of Revenue, et al. (full briefing)

The plaintiff seeks review of a summary judgment for defendants. The department of revenue determined that two properties owned by The Memorial Hospital were not eligible for state aid pursuant to G.L. 1956 § 45-13-5.1.

2021-165-MP. Gunvor USA, LLC v. State of RI, Division of Taxation (show cause)

The plaintiff seeks review of a District Court order granting the state’s motion to dismiss plaintiff’s complaint for failure to exhaust administrative remedies. The plaintiff claims that it was not required to exhaust administrative remedies because (1) the division exceeded its authority, (2) Gunvor’s constitutional rights were violated, and (3) it would have been futile to pursue administrative remedies.

2021-332-A. Enrique Sosa v. City of Woonsocket (show cause)

The defendant, the Woonsocket police department, appeals from a judgment in favor of plaintiff, stating that termination of plaintiff’s employment as a police officer was in violation of General Laws 1956 § 42-28.6-4 of the Law Enforcement Officers’ Bill of Rights (LEOBOR) and ordering defendant to comply with the procedural requirements of LEOBOR if it wished to terminate plaintiff’s employment.

2021-278-M.P. Joan Vecchio v. Woman & Infants Hospital (show cause)

In this medical malpractice case, plaintiff seeks review by certiorari of an order that granted defendant’s motion for a protective order filed pursuant to Rule 37(b) of the Superior Court Rules of Civil Procedure. The order limited the scope of plaintiff’s disclosed expert witness’s testimony to causation opinions that were disclosed months earlier in response to a scheduling order. The order further stated that plaintiff was not permitted to supplement the expert’s disclosure to include “any other opinions, including any opinions on the standard of care."

2021-37-M.P. Newport School Comm. v. R.I. Dept. of Education (full briefing)
2021-38-M.P. Cumberland School Comm. v. R.I. Council on Elem. & Sec. Ed.

The Rhode Island Department of Children, Youth, and Families (DCYF) is seeking review by certiorari of a Superior Court consolidated final judgment reversing decisions of the Rhode Island Council on Elementary and Secondary Education. The issues revolves around the amount of money the respondent school committees were required to reimburse DCYF for educational services provided to children in DCYF care.

2021-116-M.P. Apex Oil Co. v. State (full briefing)
2021-117-M.P. Apex Oil Co. v. State

The plaintiff-petitioner seeks review of an order of the District Court dismissing these consolidated tax appeal cases. The petitioner contends that it has standing to challenge the tax assessment and that the doctrine of res judicata does not bar its challenge. The petitioner also argues that the respondent did not have the authority to tax fuel outside of Rhode Island and impermissibly taxed it twice.

2021-301-A. United Parcel Service v. Jeffrey Griffiths (full briefing)

The defendant appeals from an order granting a motion for a preliminary injunction filed by the plaintiff. The preliminary injunction enjoined the defendant from trespassing on the plaintiff’s property and from interfering with the plaintiff’s operations. The defendant contends that the hearing judge erred in granting the preliminary injunction under the Rhode Island Workplace Violence Prevention Act (§ 28-52-2) because the defendant’s statements did not constitute clear threats of violence to the workplace. The defendant contends that his comments merely indicated that he was upset about his termination from his position pending a later hearing.

2021-243-A. Raymond Burt v. John Furtado, et al. (show cause)
2021-244-A. Raymond Burt v. John Furtado, et al.
2021-245-A. U.S. Bank Ass’n v. Raymond Burt, et al.
2021-246-A. U.S. Bank Ass’n v. Raymond Burt, et al.
2021-247-A. Tammy Lacoste v. John Furtado,

These five consolidated appeals are before the Court from summary judgments granted in three underlying Superior Court cases, all arising out of two real estate transactions involving the purchase of real estate by the appellants. The hearing judge granted the motions for summary judgment in all three cases, finding that an error in an attachment misidentifying the parcels of land conveyed constituted a mutual mistake, such that reformation of the two warranty deeds and one related mortgage was appropriate. Burt and Lacoste claim error in the hearing judge’s finding of mutual mistake.

2021-173-A. Jeziel J. Lopez v. Watly Valezuela Ruiz, et al. (show cause)

The plaintiff appeals from a summary judgment in favor of defendant, Safety Insurance Company. The plaintiff claims that there exist issues of material fact as to whether Safety’s insured complied with the terms of the insurance policy, and whether any noncompliance was prejudicial to Safety. The plaintiff also claims that summary judgment in favor of the insured violates the purpose of § 27-7-2.

2021-299-A. Polseno Properties Management, LLC v. Elaine Mondillo (show cause)
2021-300-A. Polseno Properties Management, LLC v. Brenda Keeble (show cause)

The plaintiff appeals from judgments in favor of defendant tax assessor in these consolidated appeals. The plaintiff claims that the assessor illegally increased the value of its property based solely on the development of a solar array on the property, in violation of § 44-5-3(c). The plaintiff also argues that the assessor effectively created a new classification for property containing solar developments in contravention of § 44-5-11.8(b).

2021-276-A. Michael G. Meeks v. Stop & Shop Supermarket Co., LLC, et al. (show cause)

The plaintiff appeals from a summary judgment for defendant in this negligence case involving allergies and fish. The plaintiff claims that the trial judge erred: (1) in misconceiving plaintiff’s medical expert’s affidavit; and (2) in denying plaintiff’s motion made pursuant to Rule 56(f) of the Superior Court Rules of Civil Procedure.

2021-146-M.P. Peter Montaquilla v. Peter F. Neronha, et al. (show cause)

The petitioner seeks review of the denial of his application for a concealed carry weapons permit. The plaintiff claims that: (1) the Rhode Island Department of the Attorney General intentionally violated an order mandating the sealing of his arrest record by utilizing the sealed documents as a basis for initially denying his weapons license renewal application; (2) the RIAG committed a second intentional violation of the order by offering to disseminate the sealed documents without seeking or obtaining court permission; and (3) the RIAG committed a third violation of the court order when it denied his appeal from the denial of his application.

2021-279-A. Erin Beaudry v. Randy Rossi (full briefing)

The plaintiff appeals from summary judgment for defendant, dismissing plaintiff’s amended complaint without prejudice for failure to exhaust administrative remedies. The plaintiff claims the trial judge erred: (1) in ruling that an amendment was part of the plaintiff’s decedent’s retirement plan; (2) by not extending the doctrine of forfeiture to defendant’s affirmative defense; and (3) in declining to reach the merits of plaintiff’s declaratory judgment claims.

2021-268-A. Rahim Caldwell v. Jason Anthony, et al. (show cause)

The plaintiff appeals from a judgment in favor of defendants in this case challenging the revocation of plaintiff’s admission to Rhode Island College. He claims that the trial judge erred in granting defendants’ motion to dismiss plaintiff’s amended complaint.

2021-214-A. Marco Spirito v. Sophia Mitrelis-Michalopoulos as Trustee (show cause)

The defendant appeals pro se from an order depositing surplus funds from a foreclosure sale into the Superior Court registry. The defendant contends that the standard for granting a mandatory injunction was not satisfied. The defendant also contends that it was not served through the electronic filing systems for certain motions.

2021-234-A. Debra DiMaggio v. Ethan Tucker (show cause)

The defendant appeals from an entry of partial summary judgment entered in favor of the plaintiff. The defendant argues that there was no consideration for the 2009 promissory note. He also argues that there were questions of material fact for his fraud-in-the-inducement claim.

2021-256-A. Vermont Mut. Ins. Co. v. Hayward Gatch III (full briefing)

The plaintiff appeals from the entry of summary judgment in favor of defendant Harrison Gatch in this declaratory judgment action. The plaintiff contends that the trial judge misconstrued the homeowner’s policy in this case. The Superior Court found the policy ambiguous as to whether Harrison Gatch was covered by the policy for the watercraft injuries he suffered. The plaintiff also contends that the Superior Court erred in applying the law of the case doctrine.

2021-267-A. William Felkner v. RI College (full briefing)

The plaintiff appeals from the entry of summary judgment in favor of the defendants. He contends that the hearing judge erred in granting summary judgment on the basis of qualified immunity. The plaintiff asserts that qualified immunity cannot apply to the circumstances of this case and genuine questions of material fact precluded the entry of summary judgment.

2021-272-A. Finnimore & Fisher v. Town of New Shoreham (full briefing)

The town appeals from the granting of a preliminary injunction enjoining enforcement of certain amendments to the town ordinance concerning the regulation of mopeds. The town argues that the trial judge erred in interpreting the enabling legislation too narrowly. The town also argues that the trial judge impermissibly substituted her judgment for the that of the town in determining what was reasonable. The town further argues that the plaintiffs did not demonstrate irreparable harm from the ordinances regulating mopeds.

2021-303-A. Dean Pinelli v. Thomas Mercurio (show cause)

Defendant Thomas Mercurio appeals from an order adjudging him in civil contempt. He argues that the trial judge overlooked evidence supporting his cyber stalking claims. He also argues that the trial judge abused her discretion in ordering him to participate in anger management treatment. He further argues that the trial judge made errors in credibility determinations, in excluding evidence, consolidating the underlying cases, and denying his motion to proceed in forma pauperis. He contends that the trial judge exhibited bias against him and his family and violated his free speech rights.

2021-330-A. Elena Massarone v. Dean Pinelli (show cause)

The plaintiff appeals from an order adjudging her in civil contempt. She argues that the trial judge erred in ordering her to participate in anger management treatment. She further argues that the trial judge erred in credibility findings, the exclusion of evidence, and in consolidating the underlying cases. She asserts that the trial judge showed bias against her and her family and violated her free speech rights.

2021-331-A. Dean Pinelli v. Thomas Mercurio (show cause)

Defendant John Mercurio appeals from an order adjudging him in civil contempt. He contends that the trial judge erred in order him to participate in anger management treatment. He also contends that the trial judge erred in her credibility findings, the exclusion of certain evidence, in overlooking cyberstalking evidence against the plaintiffs, and in consolidating the underlying cases. He asserts that the trial judge was biased against him and his family and violated his free speech rights.

2021-329 Raymond Paul Montaquila v. Flagstar Bank, FSB (show cause)

The plaintiffs appeal from a judgment on the pleadings entered in favor of the defendant in this foreclosure case. The plaintiffs contend that the foreclosure was invalid because the defendant did not comply with the state statutory requirements for notice and federal regulations. They contend that notice of the foreclosure was not sent to the last known address of one of the plaintiffs and also that notice was improperly provided for arranging a face to face interview with the plaintiffs.

2021-214-A. Marco Spirito v. Sophia Mitrelis-Michalopoulos as Trustee (show cause)

2021-234-A. Debra DiMaggio v. Ethan Tucker (show cause)

2021-256-A. Vermont Mut. Ins. Co. v. Hayward Gatch III (full briefing)

2021-267-A. William Felkner v. RI College (full briefing)

The plaintiff appeals from the entry of summary judgment in favor of the defendants. The plaintiff contends that the hearing judge erred in granting summary judgment on the basis of qualified immunity. The plaintiff asserts that qualified immunity cannot apply to the circumstances of this case and genuine questions of material fact precluded the entry of summary judgment.

2021-272-A. Finnimore & Fisher v. Town of New Shoreham (full briefing)

2021-303-A. Dean Pinelli v. Thomas Mercurio (show cause)

2021-330-A. Elena Massarone v. Dean Pinelli (show cause)

The plaintiff appeals from an order adjudging her in civil contempt. She argues that the trial judge erred in ordering her to participate in anger management treatment. She further argues that the trial judge erred in credibility findings, the exclusion of evidence, and in consolidating the underlying cases. She asserts that the trial judge showed bias against her and her family and violated her free speech rights.

2021-331-A. Dean Pinelli v. Thomas Mercurio (show cause)

Defendant John Mercurio appeals from an order adjudging him in civil contempt. He contends that the trial judge erred in order him to participate in anger management treatment. He also contends that the trial judge erred in her credibility findings, the exclusion of certain evidence, in overlooking cyberstalking evidence against the plaintiffs, and in consolidating the underlying cases. He asserts that the trial judge was biased against him and his family and violated his free speech rights.

2021-72-A. Premier Land Development v. Joseph Kishfy (show cause)
2021-73-A. Bel Air Tile Co. v. Joseph Kishfy

In consolidated appeals arising from the sale and renovation of a house, the defendant homeowner appeals from a judgment in favor of the plaintiff. Defendant asserts that the trial justice erred: (1) in applying the doctrine of merger; (2) in the calculation of damages; (3) in her analysis of the bearing wall provision, for which defendant claims an offset; (4) in finding that the implied warranty of habitability did not apply; (5) and in finding that the subcontractors had properly assigned their perfected mechanic’s liens to the plaintiff contractor.

2021-167-A. John Devaney v. St. Thomas More Catholic Church, et al. (show cause)

The plaintiff appeals from the dismissal of his action for failing to comply with the defendants’ discovery requests. The plaintiff contends that the judge failed to focus on the plaintiff’s actual answers to the defendant’s expert interrogatory and failed to make an independent examination of the plaintiff’s supplemental response concerning his expert witness. The plaintiff also contends that the defendants did not comply with Rule 37 of the Superior Court Rules of Civil Procedure in making their motion to dismiss. He additionally asserts that the judge did not properly interpret the terms “expect” and “expected” under Rule 26.

2021-81-A. Asa Davis v. Town of Exeter, et al. (show cause)

The plaintiff appeals from a judgment in favor of all defendants in this action for declaratory and injunctive relief. The main issue was whether the entire length of Estate Drive in Exeter Village subdivision was a public road or a paper street/stub road. The case was heard on the town’s motion to dismiss, which was converted to a motion for summary judgment. The trial judge determined that the portion of Estate Drive in dispute was a paper street as a matter of law.

2021-129-A. Wild Horse Concepts et al. v. Hasbro (show cause)

The plaintiffs appeal from a summary judgment in favor of defendant in this case involving alleged breach of implied contract, fraud, theft of intellectual property, unjust enrichment, punitive damages, and wanton and willful conduct bordering on criminal conduct. The plaintiffs claimed that the defendant introduced a new product line that used characteristics of a prototype they had pitched to defendant. They assert that the trial judge erred because there were genuine issues of material fact. Also, they argue the trial judge was wrong in concluding that plaintiffs’ claims failed because their design concept did not meet the statutory definition of a trade secret pursuant to § 6-41-1(4).

2021-217-A. Lorena Moniz et al. v. Robert Grudain et al. (full briefing)

The plaintiffs appeal from an order granting summary judgment in favor of Allstate Insurance on grounds that the vehicle involved in the collision was not insured by Allstate at the time of the collision and plaintiffs’ direct action claims against Allstate under § 27-7-2.4 were barred by the statute of limitations.

2021-319-A. Key Corporation v. Greenville Public Library (show cause)

The defendant library appeals from summary judgment in favor of plaintiff in this case stemming from a request under the Access to Public Records Act. The defendant asserts the hearing judge erred in declaring that it was a public body as that term is defined in the statute. Also, the defendant asserts the hearing judge erred in assessing the amount of attorney’s fees awarded to counsel for plaintiff.

2021-318-A. Newport and New Road LLC v. Steven D. Hazard (show cause)

The plaintiff appeals from a summary judgment in favor of defendant in this challenge to a tax assessment. The judge ruled that plaintiff’s petition challenging the 2012 and 2013 tax assessed value of property located in East Providence was barred under the statute of limitations in §§ 44-5-26 and 44-5-27. The plaintiff contends that a 10-year statute of limitations that applies to all civil actions (§ 9-1-13(a)) should be applied to this tax challenge instead.

2021-235-A. Sona Stevens v. Carel Bainum (show cause)

The defendant, pro se, appeals from an order that found her in civil contempt and remanded her to the ACI. She asserts that she was not in willful contempt of an order requiring her to pay $25 per month towards the payment of the judgment because she was not financially able to make those payments. Also, she contends that her social security benefits were protected from legal process.

2021-140-A. Helen Ricci v. R.I. Commerce Corp. (show cause)

The defendants appeal from an order granting plaintiff’s request for declaratory and injunctive relief and reinstating her to her position as deputy chief of the Rhode Island Airport Police Department, with backpay and benefits. The defendants assert that the trial justice erred: 1) in failing to make the required findings before ordering mandatory injunctive relief; 2) in failing to proceed with a trial on the merits; 3) in finding that plaintiff was a law enforcement officer as defined in § 42-28.6-1(1); and 4) in failing to recognize that plaintiff’s claim is barred by the doctrine of unclean hands.

2021-120-A. Michael J. Mullane v. United Services Automobile Association (full briefing)
2021-124-A. Michael J. Mullane v. Amica Mutual Insurance Co. (full briefing)

The plaintiff appeals from an order denying his motions to compel arbitration in these consolidated uninsured motorist cases. The plaintiff claims that the insured has a right to demand arbitration under §10-3-2 because the arbitration clauses in the insurance policies are not placed immediately before the testimonium clause or the signature of the parties. He also argues that conserving judicial resources is not a valid basis for denying a motion to compel arbitration.

2021-130-A. Atmed Treatment Center, Inc. v. The Travelers Indemnity Co. (full briefing)

The plaintiff appeals from the entry of summary judgment in favor of defendant. The plaintiff claims: 1) the hearing judge erred in ruling that defendant could not have breached the insurance contract; 2) defendant breached its obligations by failing to defend plaintiff under the policies and by misrepresenting provisions of the policy in its denial of coverage letter; 3) defendant had no authority to file a motion for reconsideration; and 4) the hearing judge erred in granting summary judgment on the bad faith claim.

2021-107-A. Elizabeth Burdick v. Town of Westerly (show cause)

The plaintiff appeals from summary judgments in favor of defendants. She argues: 1) the trial judge erred in ruling that the Whistleblowers’ Protection Act, § 28-50-1, et seq., did not apply to her claim because she was no longer employed by defendant; 2) the trial judge erred in finding that plaintiff was a public figure; 3) even if she was a public figure, there was evidence of actual malice on the part of defendants; 4) the town invaded her privacy; and 5) the town owed her a duty not to publicize details contained in an agreement she signed with the town.

2021-115-A. Rosemary Golini v. William Golini (full briefing)

The plaintiff appeals from a Superior Court summary judgment in favor of defendant, individually and as trustee of the Joseph E. Golini Revocable Trust. The plaintiff asserts that issues of material fact remain in dispute as to her claims of breach of trust and undue influence regarding family trusts created by the parties’ parents.

2021-56-A. Robert Estrella v. Janney Montgomery Scott (full briefing)

This case is on appeal by one defendant, Steven Damiani, from a judgment in favor of the plaintiff in a case involving allegations that defendants stole money from the estates of Damiani’s uncle and aunt. On appeal, defendant asserts that the trial justice erred: (1) in allowing a notary to testify when it was known in advance she intended to plead the Fifth Amendment privilege against self-incrimination; and (2) in denying defendant’s post-trial motion made pursuant to § 10-6-2.

2020-285-A. In re Kugel Patch (show cause)

The defendants appeal from an order denying their motion to stay the Superior Court proceedings concerning disbursal of funds to plaintiff pending the outcome of arbitration in Texas. The defendants contend that a determination at arbitration must first be made on whether the plaintiff is entitled to attorney’s fees in this matter prior to the Superior Court ordering the disbursal of funds from the settlement fund for those fees. They contend that the hearing judge abused her discretion in not staying court proceedings to allow for an arbitrator to determine whether the plaintiff is entitled to attorney’s fees. The defendants also argue that the Superior Court erred in not giving preclusive effect to the rulings of two Texas courts that the plaintiff was bound by the arbitration provisions in two attorney representation agreements under the doctrine of direct benefits estoppel.

2021-63-A. EDC Investment v. UTGR (show cause)

This case arises out of a commercial landlord-tenant relationship. The plaintiff filed several breach-of-contract and related claims based on the defendant’s failure to renew a lease. An order was entered granting the defendant’s Rule12(b)(6) motion to dismiss.

2020-245-A. Westconnaug Recovery Co. v. US Bank Nat’l Ass’n (show cause)
2021-83-A

The plaintiff appeals from a final judgment granting the defendant the right to redeem its real property in a tax sale action. Also, the plaintiff appeals from an order granting the defendant’s motion to adjudge the plaintiff in contempt. The two cases were consolidated for argument.

2021-52-A. Gerald Degasparre v. Fay Servicing (show cause)

The plaintiff appeals from the entry of summary judgment in favor of the defendants. The plaintiff contends that there was a question of fact as to whether he received the foreclosure counseling notice allegedly mailed out. He argues the hearing judge erred in denying his motion to amend on the grounds of futility. He contends the promissory note was a non-negotiable instrument that could not be transferred by endorsement. He asserts the judge erred in dismissing his fair debt collection claims and should have granted his motions to strike affidavits submitted by the defendants.

2021-17-A. Edgeng v. Fiberglass Fabricators, Inc. (show cause)

The plaintiff appeals from a final judgment dismissing its action for failing to comply with the discovery requests of the defendants. The plaintiff contends it complied substantially with the discovery requests and the judge made incorrect findings and erred in dismissing its action on the grounds of noncompliance with discovery requests.

2021-105-A. Saul Rivera v. John Cicilline (show cause)

The plaintiff appeals from a summary judgment in favor of defendants in this premises liability case. The plaintiff asserts the judge erred: (1) in failing to address the claim for negligent renting/leasing; (2) in analyzing plaintiff’s negligence claim as it pertained to an insurance policy held by defendants; (3) in failing to address plaintiff’s equitable claim; (4) in considering all 10 of plaintiff’s causes of action to be premises liability actions; and (5) in ruling on the issue of foreseeability.

21-111-A. Michael Hayden v. Integra (show cause)

The plaintiffs appeal from an order granting the motion of defendant Rhode Island Primary Care Physicians Corporation to compel arbitration and stay the proceedings. The plaintiffs assert that the judge erred because there is no agreement to arbitrate the matters in dispute and the defendant waived the right to demand arbitration by moving to dismiss four counts of the complaint and taking other procedural actions.

2021-51-A. Peter Scotti & Assocs. v. Seth Yurden (full briefing)

This appeal centers on amendments to the Providence zoning ordinance at the request of the Fane Organization, Jason Fane, and the I-195 Redevelopment District. Plaintiffs appeal from a final judgment for defendants in this action brought pursuant to § 45-24-71 and requesting declaratory relief. Plaintiffs alleged the trial justice erred by not applying a de novo review and by finding that the approval process complied with the Providence comprehensive plan.

2021-30-A. Daniel Houle v. Liberty Insurance Corp. (show cause)

The plaintiffs appeal from a decision to grant a motion for judgment on the pleadings pursuant to Rule 12(c) in this insurance contract action. The issue before the Court is whether plaintiffs have a viable cause of action against defendant for breach of contract and bad faith based on defendant’s investigation of a claim that was resolved through the appraisal process.

2021-58-A. Town of North Providence v. FOP, Lodge 13 (full briefing)

The petitioner appeals from a judgment affirming an arbitration award in favor of the defendant. On appeal, the petitioner asserts that the arbitrator exceeded his authority in interpreting the language of the collective bargaining agreement as to when a detective vacancy has been created and recognized.

21-135-A. Apex Development v. R.I. DOT (full briefing)

The third-party plaintiff, the Rhode Island Department of Transportation, appeals from a Rule 54(b) entry of summary judgment in favor of several insurance companies that were third-party defendants. The issue on appeal is whether the hearing judge erred in deciding that the sureties’ obligations under the performance bond ended once the public works project was substantially completed.

2021-0027 Saint Elizabeth Home v. Rebecca Gorham (show cause)

The defendant appeals from summary judgment for the plaintiff, St. Elizabeth Home, in this breach of contract case. On appeal, defendant asserts that the trial justice erred because genuine issues of material fact existed as to whether plaintiff was obligated to assist defendant in applying for Medicaid and whether plaintiff was required to mitigate its damages.

2021-21 Flavia Borgo v. Narragansett Elec. Co. (show cause)

The plaintiff appeals from the grant of summary judgment in favor of National Grid in this negligence case. The judge determined that plaintiff was a trespasser and National Grid did not owe her a duty of care.

2020-112 Curtis Andrade v. Westlo Management (show cause)

This is a housing discrimination case. Defendants seek review by way of certiorari of an order that granted partial summary judgment in favor of Curtis Andrade and the RI Commission for Human Rights. The judge decided that Westlo discriminated against Curtis by denying the reasonable accommodation of letting him have his companion dog in his apartment. Defendants assert genuine issues of material fact exist and the commission did not have standing to intervene in this matter.

2021-12 Cynthis Boss v. City of Woonsocket (show cause)

The defendant appeals pro se from the dismissal of her action due to her failure to comply with discovery requests. The plaintiff contends that the city’s insurer has acted in bad faith in refusing to entertain settlement discussions of her claims. She asserts that the city wrongfully terminated her employment as a special education teacher. The plaintiff also contends that the city failed to exhaust administrative remedies and was collaterally estopped. She further asserts that the Superior Court justice exhibited bias and erred in refusing to permit her to make a presentation.

21-65 Michael P. Iannotti v. Town of Smithfield (show cause) 21-66

The plaintiff appeals from the dismissal of his separate Superior Court actions challenging the Smithfield planning board’s approval of phases II and III of defendants’ application for development of low and moderate income housing. The actions were dismissed under the doctrine of res judicata because plaintiff did not appeal from the decision to approve the master plan for the entire site plan and phase I. Plaintiff argued that the identity of issues element does not exist.

2021-57 Betilio Suncar v. Jordan Realty, et al. (show cause)

The plaintiff appeals from summary judgment for the defendants in his action to vacate a tax foreclosure decree on real property he owned in Central Falls. He argues that the notice of the petition to foreclose the right of redemption was faulty and violated his due process rights because it did not include a Language Assistance Notice.

2021-32 Robert Houllahan v. Louis Gelinieau, et al. (full briefing)
2021-33 Peter Cummings v. Louis Gelineau, et al. (full briefing)
2021-41 Phillip Edwardo v. Roman Cath. Bish. of Prov., et al. (full briefing)

The plaintiffs appeal from the dismissal of their claims against the defendants based on the statute of limitations in these consolidated cases. They contend that the defendants’ intentional conduct in permitting sexual abuse to be committed by church employees against them makes the defendants criminally culpable as “perpetrators” themselves. Therefore, they argue, the statute of limitations has not run.

2021-57 Betilio Suncar v. Jordan Realty, et al. (show cause)

The plaintiff appeals from summary judgment for the defendants in his action to vacate a tax foreclosure decree on real property he owned in Central Falls. He argues that the notice of the petition to foreclose the right of redemption was faulty and violated his due process rights because it did not include a Language Assistance Notice.

2021-32 Robert Houllahan v. Louis Gelinieau, et al. (full briefing)
2021-33 Peter Cummings v. Louis Gelineau, et al. (full briefing)
2021-41 Phillip Edwardo v. Roman Cath. Bish. of Prov., et al. (full briefing)

The plaintiffs appeal from the dismissal of their claims against the defendants based on the statute of limitations in these consolidated cases. They contend that the defendants’ intentional conduct in permitting sexual abuse to be committed by church employees against them makes the defendants criminally culpable as “perpetrators” themselves. Therefore, they argue, the statute of limitations has not run.