Supreme Court
Civil Case Summaries 2023
2023-268-M.P. CLP Trust-2016, et al. v. Town of Jamestown, et al. (full briefing)
Petitioner seeks reversal of a decision by the Jamestown Board of Water and Sewer Commissioners to deny an application to extend the public water line to a single-family residential dwelling in a rural district. Petitioner contends the board made erroneous findings related to water availability, water system capacity, and future demand; the board acted erroneously and arbitrarily in its interpretation and application of its own rules and regulations; and the board committed procedural error by not considering the merits and evidence of petitioner’s application alone.
2023-91-A. Francesco Scotti v. Matthew Mimiaga (full briefing)
Plaintiff appeals from an order granting defendant’s motion for summary judgment as to all counts of plaintiff’s complaint, and ordering that plaintiff remove a lis pendens recorded against the property at issue in this litigation.
2023-113-A. R.I. Troopers Ass’n, et al. v. State of R.I., et al. (full briefing)
Defendant appeals from a final judgment in favor of plaintiff James Donnelly-Taylor on count 3 of the complaint. The state argues the Superior Court erred in overturning the state police superintendent’s decision to deny a disability pension for Connelly-Taylor. It contends the superintendent has great discretion in determining the eligibility of a state trooper for a disability pension.
2023-79-A. Lourenco Docouto v. Blue Water Realty, et al. (show cause)
Plaintiff appeals from a Superior Court order granting the motion to dismiss of defendants in this action to compel the sale of property. Plaintiff argues that res judicata should not apply here.
2023-5-A. John Armour v. Neil Brandon, M.D., et al. (full briefing)
Plaintiff appeals from the denial of his motion for a new trial following a verdict for defendants in this medical negligence case. Plaintiff challenges the trial judge’s refusal to give a requested jury instruction. He also claims the judge erred in permitting the defendants’ standard-of-care expert to utilize a referring doctor’s records and in limiting cross-examination of that same expert regarding a particular study.
2023-46-A. Mark Quillen, et al. v. Clint Cox (show cause)
Defendant-seller appeals from final judgment in favor of plaintiffs-buyers in this specific performance case. Defendant argues that no contract was formed because the agent named in the contract to accept funds in escrow said it could not act as an escrow agent. He also argues that the judge erred in finding that plaintiffs were ready, willing, and able to close.
2023-74-A. Thomas Knudsen, et al. v. Gregory DeJean (show cause)
Defendant appeals from the issuance of a permanent injunction requiring him to remove some trees and shrubs to preserve the plaintiffs’ sight lines and view of the Sakonnet River.
2023-163-A. Marcia Glassie v. Estate of Donelson C. Glassie Jr. (full briefing)
Plaintiff appeals from a ruling by the trial judge that her breach-of-contract claim was untimely in this case arising out of a property settlement agreement in which the now deceased husband agreed to fund his obligations by executing a will that would provide that all of his obligations under the settlement agreement would be a claim against his assets. This case was consolidated in the lower court with another that has been appealed as No. 22-317.
2023-22-A. Josephson, LLC, et al. v. Affiliated FM Ins. Co. (full briefing)
The plaintiff appeals from partial summary judgment in favor of defendant in this insurance case involving coverage for losses related to the COVID-19 pandemic. The plaintiff claims, among other things, that the trial judge erred in determining that direct physical loss or damage to property requires tangible damage and alteration to property.
No. 23-67 The Preserve at Boulder Hills v. Kenyon (full briefing)
No. 23-68 The Preserve at Boulder Hills v. Kenyon
A group of developers sued the town of Richmond for costs associated with their development project. They alleged tortious interference, violation of substantive due process, civil liability for crimes, and civil RICO violation. The trial judge granted the town’s Rule 12(c) motion for judgment on the pleadings, primarily on statute of limitations grounds, but also partially on legislative immunity and failure to set forth a prima facie case. The plaintiffs appealed and the town cross-appealed.
