Supreme Court

Civil Case Summaries 2022

2022-287-A. Debra Riccio v. Laurie Theiss (show cause)

Defendant appeals from an order granting the complaint of plaintiff for a preliminary injunction to restrain the defendant from harassing her. Defendant asserts the judge erred because he violated defendant’s due process in that she was not allowed to defend herself or question plaintiff during the hearing for injunctive relief.

2022-324-A. Gail McCormick v. City of Cranston, et al. (show cause)

Plaintiff, who was injured in a motorcycle accident when she rode over a raised manhole cover in an area of road construction, appeals from a judgment in favor of one defendant that was responsible for warning of any dangerous conditions. Plaintiff argues that the vacating of a default obtained against this defendant was error. She also argues that the denial of her motion for new trial was erroneous.

2022-317-A. Marcia Glassie v. Paul Doucette, Executor (full briefing)

Plaintiff appeals from a judgment based on a jury verdict that plaintiff failed to prove that the testator (her former husband) specifically intended to leave her two million dollars in his will. This case was consolidated in the lower court with another that has been appealed as No. 23-163.

2022-348-A. Angelo Riccitelli v. Town of North Providence (full briefing)

The defendant appeals from a judgment in favor of plaintiff in this dispute over the correct calculation of plaintiff’s supplemental pension payment. The defendant contends that the trial judge erred in her interpretation of the collective bargaining agreement and erred in granting summary judgment for plaintiff.

2022-49-M.P. Michael Galvin v. Boulder Hill Dev., LLC (full briefing)

The plaintiff seeks review of an order that denied his motion for a protective order to preclude discovery against his attorney. The plaintiff argues that defendant failed to show that the appropriate criteria for allowing the deposition of opposing counsel were met.

2022-353-A. The Bank of NY Mellon, et al. v. Ronald A. Gosset, et al. (show cause)

The defendants appeal from a judgment and order in favor of plaintiff in this foreclosure case. The defendants raise several issues related to the judge’s findings, including whether the Superior Court had personal jurisdiction over a defendant who died while the action was pending, and whether the judge erred in finding that defendants were in default.

2022-335-A. Johnston Winsor II, LLC, et al. v. Town of Johnston (full briefing)
Zoning Board of Review, et al.

2022-336-A. Johnston Winsor I, LLC, et al. v. Town of Johnston
Zoning Board of Review, et al.

2022-337-A. Johnston Elmgrove II, LLC, et al. v. Town of Johnston
Zoning Board of Review, et al.

2022-339-A. Johnston Harilla I, LLC, et al. v. Town of Johnston
Zoning Board of Review, et al.

2022-340-A. Johnston Harilla I, LLC, et al. v. Town of Johnston
Zoning Board of Review, et al.

2022-343-A. Johnston Winsor III, LLC, et al. v. Town of Johnston
Zoning Board of Review, et al.

2022-344-A. Johnston Winsor III, LLC, et al. v. Town of Johnston
Zoning Board of Review, et al.

2022-345-A. Johnston Winsor III, LLC, et al. v. Town of Johnston
Zoning Board of Review, et al.

2022-346-A. Johnston Winsor III, LLC, et al. v. Town of Johnston
Zoning Board of Review, et al.

The proposed intervenors appeal from an order denying their motion to intervene in five Superior Court zoning appeals concerning a solar development project in Johnston. The five cases below resulted in nine appeals before this Court, which have been consolidated. The proposed intervenors contend they were entitled to intervention as of right and also should have been allowed to intervene under permissive intervention.

2022-303-A. Red Gate Motel, Inc. v. Jo-Ann Albanese (show cause)

2022-333-A. Red Gate Motel, Inc. v. Jo-Ann Albanese

The defendant appeals from a Superior Court judgment in favor of plaintiff for possession and damages in this eviction action. The defendant also appeals from an order denying her motion to vacate that judgment and from an order denying her motion to reconsider the denial of her motion to vacate. The defendant raises several issues in these consolidated appeals, including whether she was prevented from presenting her case in full.

2022-326-A. Thompson v. Nickles (show cause)

The plaintiff appeals from the denial of his request for declaratory judgment in which he challenged the authority of the North Kingstown town council to enter into a consent judgment in federal court with certain developers in a previous case. He also challenged the planning commission’s decision to rely on the consent judgment in granting certain approval for the development. The trial judge ruled that plaintiff’s claim was an improper collateral attack on the consent judgment.

No. 22-355-A. In re Orlando DaCruz (show cause)

The plaintiff appeals from summary judgment in favor of the intervenor. Plaintiff attempted to have her son’s death certificate corrected because, she alleged, it incorrectly listed his girlfriend, the intervenor, as his common law wife. Plaintiff claims that this error is affecting her ability to do some estate planning regarding property in the Dominican Republic. The judge treated her complaint as a request for a writ of mandamus and denied it.

No. 22-356-A. Griggs & Browne v. Walls (show cause)

The plaintiff pest control company sued a former employee for breach of a noncompete agreement. The defendant appeals from the grant of the plaintiff’s request for a preliminary injunction.

2022-243-A. Manuel Andrews, Jr., et al. v. James J. Lombardi (full briefing)

The plaintiffs, retired Providence police officers and firefighters, appeal from a judgment denying their motion to recover health care costs prior to September 30, 2020. The plaintiffs contend that this Court’s mandate issued in Andrews v. Lombardi, 233 A.3d 1027, 1039-40 (R.I. 2020) left open the question of whether the plaintiffs could request, on remand, reimbursement for health care costs incurred prior to the defendant city of Providence providing supplemental health care coverage for the Medicare health care coverage of the plaintiffs.

2022-244-A. Manuel Andrews, Jr., et al. v. James J. Lombardi (full briefing)

The plaintiffs, retired Providence police officers and firefighters, appeal from a judgment denying their request for prejudgment interest on reinstated cost-of-living adjustments (COLAs) to their pensions. The plaintiffs contend that prejudgment interest was appropriate in this case because the underlying basis for the COLAs was contractual.

2022-330-A. Wilmington Savings Fund Society v. Power Realty (show cause)

Plaintiff appeals from the entry of summary judgment in favor of defendants. Plaintiff filed suit to vacate a decree foreclosing the rights of redemption under a tax deed, claiming that the notice did not adequately identify the property and did not comport with due process.

No. 2022-331-A. PennyMac Loan Services, LLC v. Coventry Fire District (show cause)

Plaintiff appeals from summary judgment in favor of defendants, Coventry Fire District, et al. Plaintiff filed suit to vacate a decree foreclosing the right to redemption under a tax deed, claiming that notice of the foreclosure proceeding was inadequate and that the tax sale constituted a fraudulent transfer under Rhode Island’s Uniform Voidable Transactions Act, § 6-16-1, et seq.

No. 2022-342-A. Carline Vilbon v. Judy Vargas (show cause)

The plaintiff appeals in this eviction case. The defendant is plaintiff’s former tenant. The plaintiff’s complaint in District Court was dismissed without prejudice and she appealed to Superior Court, where a final order was entered granting plaintiff possession of the premises, denying plaintiff’s claim for use and occupancy charges, and dismissing her claim for damages.

2022-43-M.P. Lauren Barnes v. Nancy Hodys (show cause)
2022-44-M.P. Nancy Hodys v. Lauren Barnes

These consolidated cases arose from an automobile accident in which both the petitioner and respondent suffered injuries. Petitioner Lauren Barnes contends that the Superior Court erred in denying her motion to modify the trial scheduling order and replace an unavailable medical expert witness.

2022-282-A. Jason Blouin v. Divya Koster, M.D. (full briefing)

This medical malpractice action concerns claims for wrongful life and wrongful conception. The plaintiffs argue on appeal that the Superior Court erred in dismissing their claims for wrongful life and claims against pediatricians for failing to timely diagnose cystic fibrosis in their son and advise them that this was an inheritable disease that future children could have. The plaintiffs argue that the Superior Court erred in determining that the pediatricians owed no duty to the parents.

2022-306-A. Andre Howell v. Urban League of Rhode Island (show cause)

The appellant, an interested party in this receivership action, appeals from the denial of her motion to vacate pursuant to Rule 60(b). The appellant contends that the Superior Court erred in denying her proof of claim for a broker’s commission for procuring a willing and able buyer for real estate in the receivership. She contends that she was entitled to the commission as a supervisory broker who succeeded the broker named in the agreement.

2022-316-A. Kelly Maltais v. Michael Maltais (show cause)

The plaintiff appeals from the dismissal of her probate appeal. She argues that the filing of her probate appeal in the Superior Court was timely under the time computation provisions of Rule 6, despite that some aspects of probate appeals are not subject to the Superior Court Rules of Civil Procedure. She asserts that since the last day for filing the probate appeal was a Saturday she had until the following Monday to file her probate appeal.

2022-239-A Richard Lembo et al. v. Summit Das (full court conference)

The plaintiffs appeal from an order disqualifying their trial attorney from representing them in this medical malpractice action because he is a potential witness.

2022-309-A. Merlyn O’Keefe et al. v. Myrth York et al. (show cause)

The plaintiffs challenge the denial of their requests for permanent injunctive relief and adverse possession in this dispute over a private road in which the parties each own an undivided one-sixth interest.

2022-277-A. Craig Overton v. John Dunn (show cause)

The defendant appeals from the dismissal of his Superior Court appeal from a District Court judgment in favor of plaintiff in this case involving a personal loan. The defendant claims that the hearing justice erred in denying his motion for a continuance, and in not ordering the return of his personal property.

2022-229-A. Steven Serenska v. Wells Fargo Bank, N.A. (show cause)

The plaintiff appeals from a Superior Court order granting the defendants’ motions to dismiss plaintiff’s complaint in accordance with Rule 12(b)(6) of the Superior Court Rules of Civil Procedure in this mortgage foreclosure case.

2022-22-M.P. Patricia Noonan v. Rhode Island Hospital (show cause)

This case is before the Court on a writ of certiorari from an order granting the motion of the defendant to compel production of all settlement agreements entered into between plaintiffs and defendant’s former codefendants. Plaintiffs assert that the trial judge abused her discretion in granting defendant’s motion to compel discovery of the amount paid by other tortfeasors who settled plaintiffs’ claims prior to trial. They argue that the amounts paid are not discoverable pursuant to Superior Court Rule of Civil Procedure 26(b)(1).

2022-235-A. Brian Dockray v. Roger Williams Hospital (show cause)

The plaintiff appeals from the entry of summary judgment in favor of defendant Roger Williams Medical Center (RWMC). The plaintiff contends that the trial justice erred in dismissing his medical malpractice case against RWMC due to his inability to procure an expert witness. The plaintiff indicates that a jury could consider the many disciplinary infractions by one defendant doctor as evidence of whether RWMC was negligent in permitting that doctor to operate on the plaintiff. The plaintiff contends that an examination of this evidence by the jury did not require an expert witness.

2022-50-A. Raymond C. Romeo v. Allstate Cas. Ins. Co. (show cause)

The plaintiff appeals from a judgment in favor of the defendant on his complaint to enforce the appraisal process for his insurance claim. The plaintiff contends that the Superior Court erred in determining that his request for an appraisal was time-barred. The plaintiff also contends that the Superior Court should have vacated an earlier judgment.

2022-74-A. Kevin Bennett v. Angela Steliga (show cause)

The defendants appeal from a partial final judgment pursuant to Rule 54(b) in favor of the plaintiffs. The Superior Court ordered specific performance of the parties’ purchase and sale agreement. The defendants argue that the Superior Court erred in not finding an anticipatory repudiation of the purchase and sale agreement by the plaintiffs. The defendants also argue that defendant Angela Steliga signed the purchase and sale agreement in her personal capacity only, although she was required to sign it in her capacity as trustee.

2022-180-A. Raymond J. Bardsley v. Quonset Davisville Navy Yacht Club (show cause)
2022-190-A. David Butziger v. Quonset Davisville Navy Yacht Club (show cause)

In these consolidated cases, the proposed intervenor, the Rhode Island Commission for Human Rights, appeals from orders denying its motions to intervene in the cases. The Commission argues that it has a statutory right to intervene. The Commission also argues that it was entitled to permissive intervention. The Commission further argues that it is in the public interest for it to intervene in these cases to prevent housing discrimination.

2022-102-A. John Cullen v. Town of Lincoln (show cause)

Plaintiff appeals from the entry of summary judgment in favor of the town of Lincoln. The judge found that the plaintiff lacked standing and that the case was moot. Plaintiff asserts that this case falls within the substantial public interest exception to standing, and that this case is of great public importance and is capable of repetition and likely to evade judicial review. He also claims that the town violated the municipal contracts act for a high school renovation project and that the judge erred in refusing to consider additional undisputed facts he submitted.

2022-166-A. Wilmington Savings Fund Society, FSB v. David Cavalloro (show cause)

In this action on a promissory note secured by a mortgage, defendants appeal from a Superior Court judgment in favor of plaintiff in the amount of $112,583.87. The issue in this case focuses on a notice of default directed to defendants, but sent to an attorney’s office.

2022-145-A. L.N.P. Realty v. C.W. Rodrigues Enterprises et al. (show cause)

The plaintiff appeals from the dismissal of its action pursuant to Rule 12(b)(6) in this adverse possession case. The property was formerly owned by the Providence Redevelopment Agency, a quasi-governmental agency. The plaintiff contends that the judge erred in ruling that adverse possession does not lie against a quasi-governmental agency, because, in the plaintiff’s view, PRA’s actions towards the subject property were proprietary in nature, and therefore adverse possession is allowed. The plaintiff also argues that it had standing to assert that the deed for the property held by defendant, the current property owner, is void.

2022-39-A. Ocean State Credit Union v. Bryan Megne (show cause)

The defendant appeals pro se from an order denying his motion for a new trial in this collections action on a personal loan. He raises numerous issues, challenging multiple rulings of the Superior Court hearing judge.

2022-130-A. Gary Jenkins v. City of East Providence (show cause)

The plaintiff appeals pro se from a final order of the Superior Court, which denied plaintiff’s motion for a writ of mandamus to compel production of revised tax documents and to abrogate a memorandum of agreement between the parties. The order also granted defendants’ motion to dismiss on two grounds: lack of jurisdiction pursuant to Rule 12(b)(1) and res judicata pursuant to Rule 12(b)(6). Finally, the order provided that if plaintiff made future filings regarding the interpretation or enforcement of the MOA, it would be appropriate to hear and consider awarding sanctions.

2022-104-A. Richard Manfredi v. Robert Craven, et al. (show cause)

The plaintiff appeals from an order granting defendant Cosmo Manfredi’s counterclaim to partition property by metes and bounds. The plaintiff asserts that the trial judge erred in: (1) failing to partition all of the properties inherited by the parties from their mother; (2) excluding certain testimony; (3) her factual findings.

2022-100-A. Virginia Matos Hernandez v. Quality Rental Centers, Inc. (show cause)

The plaintiffs appeal from a Superior Court summary judgment in favor of defendant. The plaintiffs raise several issues including: that the trial judge erred in resolving the issue of whether a duty was breached; that the defendant had a duty to follow industry standards; and that factual issues existed as to defendant’s conduct in renting a lift to decedent.

2022-84-A. Joseph Arruda v. Amica Property and Casualty Insurance Co. (show cause)

The plaintiff appeals from an order dismissing his complaint against defendant for lack of prosecution. The plaintiff contends that the hearing judge erred in dismissing his complaint because he did not act in bad faith, and he did advance his case. He argues that mere delay is not sufficient to support a dismissal for lack of prosecution.

2022-167-A. North Farm Home Owners Ass’n v. Bristol Co. Water Auth. (show cause)

The plaintiff appeals from an entry of partial summary judgment for defendant, in accordance with Rule 54(b). The plaintiff contends that a contract was formed between the parties, and that a new service charge related to metering violated that contract. The plaintiff also argues that the hearing judge erred in denying a motion to amend the complaint.

2022-41-A. In re L.Z. (show cause)

The respondent appeals from an order granting the petitions of BHDDH for civil certification and for instructions. The respondent claims that the hearing judge erred in: 1) granting respondent’s attorney’s motion to withdraw and denying respondent’s motion for new counsel; 2) denying respondent’s motion for a continuance; 3) denying respondent’s objection to testimony based on hearsay; and 4) finding that there was clear and convincing evidence that respondent posed a risk of harm to herself.

2022-151-A. Nancy Wildes Smith v. John R. Paquette, DMD, et al. (show cause)

The plaintiff appeals from summary judgment for defendant based on the statute of limitations in this dental malpractice case. The plaintiff asserts that the hearing judge erred by failing to properly apply the discovery rule to her claim.

2022-42-A. Michael Nissensohn v. Chartercare Home Health, et al. (full briefing)

The plaintiff appeals from a Superior Court summary judgment for defendants in this action alleging intentional infliction of emotional distress, defamation, breach of contract, tortious interference with business and contractual relations, false imprisonment, conversion, and constructive discharge. The plaintiff argues the hearing judge erred in ruling that plaintiff did not make a prima facie case under the Rhode Island Whistleblower’s Protection Act; in ruling that plaintiff could not prove his defamation claims; in ruling that plaintiff could not prove his breach of contract claims; in ruling that plaintiff could not prove his tortious interference with contract claim; and in ruling that plaintiff could not prove his conversion claim.

2022-34-A. The Society of the Evening Star v. The Diocese of RI, et al. (show cause)

The plaintiff appeals from the granting of defendants’ motion to dismiss pursuant to Rule 41(b)(2). This case arises from an alleged breach of a purchase and sales agreement. Plaintiff filed this action in 2013. There was no action in the case until 2021 when defendants filed a motion to dismiss for lack of prosecution. The plaintiff argues the trial judge erred in concluding that defendants were prejudiced by the eight-year delay in prosecuting the case.

2022-110-A. 24/7 Insulation v. Lazaro Noriega Ramirez (show cause)

The defendant appeals from a finding of civil contempt of a Superior Court preliminary injunction order. The defendant argues the amount of attorney’s fees awarded for the civil contempt sanction was excessive. He also contends that the trial judge failed to take into consideration his particular circumstances in issuing the civil contempt sanction.

2022-8 Donnelly Real Estate v. John Crane, Inc. (show cause)

The plaintiff appeals from the entry of summary judgment in favor of the defendant. The plaintiff contends that the trial judge erred in preventing the plaintiff from relying upon the testimony of a percipient witness who had expert knowledge about asbestos. The plaintiff also asserts that the trial judge erred in granting summary judgment on the grounds that the plaintiff failed to produce an expert witness on asbestos. The plaintiff further argues that the trial judge erred in striking portions of a witness’s expert disclosure.

2022-10 Petrolex II v. The Bailey Group (show cause) 2022-11 2022-12 2022-24

The plaintiff has appealed from the granting of a stay in four Superior Court proceedings to refer the cases to arbitration. In this construction dispute, the plaintiff contends that the cases were not referable to arbitration because there was no dispute between the defendant general contractor and the subcontractors. The plaintiff in these cases was assigned the claims of the subcontractors. The plaintiff also argues that the “pay if paid” provisions in the subcontracts are void and cannot serve as a basis for arbitration.

2022-25 Patricia Hoban v. Mass. Bay Transportation Auth. (show cause)

The plaintiff appeals from a judgment dismissing her action pursuant to Rule 12(b)(6). The Superior Court ruled that the defendant was immune to suit due to the plaintiff’s failure to present her claim to the defendant’s executive officer within two years of her injury as required by the Massachusetts Tort Claims Act. The plaintiff contends that under conflicts of laws rules, Rhode Island law applies and thus she was not required to comply with the Massachusetts Tort Claims Act. She also argues that the issue of sovereign immunity is not applicable in this case because the defendant operates in a proprietary function, not a governmental function.

2022-28 Ralph Mangiarelli, Jr. v. Town of Johnston (show cause)

The plaintiff appeals from a judgment entered in favor of the town in this personal injury action. The plaintiff contends that there were errors in the jury instructions on duty of care and the verdict form. The plaintiff also contends that the trial judge erred in requiring expert testimony to establish that the curb was a dangerous condition.

2022-32 Ronald J. Resmini v. Verizon New England (show cause)

The plaintiff appeals from the dismissal of his action for breach of contract and false representation. The plaintiff argues that the discovery rule tolled the statute of limitations in this case. The plaintiff asserts that the it was the defendant’s responsibility to monitor whether a dedicated phone line to the police station was operating. The plaintiff also contends that the trial judge should have continued the matter to allow for additional discovery. He asserts that the defendant’s reliance on the doctrine of account stated was misplaced.

2022-46-A. Douglas Fisher v. Jamie Lau (full briefing)

The defendant appeals from a Superior Court order granting the plaintiff’s motion to dismiss her counterclaim and amended counterclaim on statute of limitations grounds. This case presents a novel question as to whether a party’s claim, which would otherwise be time-barred when filed, may be asserted as a counterclaim if the statute of limitations had not yet expired when the plaintiff’s original complaint was filed.

2022-18-A. Batac v. Verizon (show cause)
2022-70-A.

The plaintiff appeals from a Superior Court order granting the motion to stay and compel arbitration of defendant, Verizon New England, Inc. (No. 22-18-A.). The plaintiff also appeals from a Superior Court order granting the defendant’s motion to strike plaintiff’s notice of appeal from that order (No. 22-70-A.).

2022-31-A. Batac v. Wells Fargo Home Mortgage (show cause)

The plaintiff appeals from a Superior Court order granting defendants’ motion to dismiss his amended complaint. He alleges, inter alia, that the defendants improperly placed his mortgage account into delinquency status, causing him to declare bankruptcy to avoid foreclosure.