January 22, 2025
9:30 am |
SU-2023-0154-A |
Cashman Equipment v. Cardi Corporation |
Counsel for Plaintiff(s):
Michael A. Kelly
Jackson Colby Parmenter
Sean Paul Klammer
Michael Resnick
Counsel for Defendant(s):
Christopher Nicholas Dawson
Chad L. Hershman
Jeremy Ritzenberg
Adam Benevides
Brian C. Newberry
Moshe S. Berman
William Mark Russo
Lauren E. Jones
Samantha Christina Ferrucci |
The plaintiff appeals from the entry of partial final judgment in favor of defendant Specialty Diving Services, Inc. (SDS), after the grant of SDS’s motion for judgment as a matter of law. This case concerns liability for construction defects in marine cofferdams used to replace the Sakonnet River Bridge. SDS was hired to perform certain underwater aspects of the marine cofferdam installation. |
January 22, 2025
9:50 am |
SU-2023-0271-A |
Peter Marcucci v. Jennifer Marcucci |
Counsel for Plaintiff(s):
Peter Marcucci, Pro Se
Counsel for Defendant(s):
Jennifer Marcucci, Pro Se |
The plaintiff appeals pro se from a final judgment entered in this divorce action. The plaintiff contends that paragraph 11 of the decision pending entry of final judgment and paragraph 11 of the final judgment are unconstitutional and against public policy because they suppress criminal charges. He also contends that the defendant has unclean hands and therefore cannot enforce an agreement between the parties. Finally, he argues that the Family Court did not have jurisdiction to interfere with the administration of criminal justice. |
January 22, 2025
10:10 am |
SU-2023-0092-CA |
State of Rhode Island v. Miguel Montero |
Counsel for Plaintiff(s):
Virginia M. McGinn
Counsel for Defendant(s):
George J. West |
A jury found the appellant guilty of first-degree child molestation. On appeal, he argues that the trial justice erred in permitting irrelevant and inflammatory testimony, in permitting the state to question the victim regarding uncharged allegations that took place outside of Rhode Island, and in allowing allegations of abuse as prior consistent statements. |
January 22, 2025
11:00 am |
SU-2023-0368-CA
SU-2023-0369-CA |
State of Rhode Island v. Andrew Mangru |
Counsel for Plaintiff(s):
Sean Paul Malloy
Counsel for Defendant(s):
Kara J. Maguire
Megan F. Jackson |
A jury found the appellant guilty of second-degree murder and related charges. On appeal, he argues that the trial justice erred in giving a jury instruction that did not allow the jury to consider voluntary manslaughter unless it first found that the state had failed to prove beyond a reasonable doubt either first-degree or second-degree murder. |
January 23, 2025
9:30 am |
SU-2023-0244-A |
Capital Video Corp v. Joseph Bevilacqua |
Counsel for Plaintiff(s):
Douglas A. Giron
Edward David Pare, III
Counsel for Defendant(s):
Arthur M. Read, II
Lauren E. Jones
Edward L. Gerstein |
The plaintiff appeals from a Superior Court order invalidating two executions issued in 2020 and 2022, on a judgment that had been entered in 2002, and ordering plaintiff to release and discharge those executions. This appeal presents a novel question involving the interpretation of two statutes, G.L. 1956 § 9-25-3 and § 9-25-19 and when, and under what circumstances, a replacement execution may issue. |
January 23, 2025
9:50 am |
SU-2024-0067-A |
New England Property Services Group LLC v. Vermont Mutual Insurance Company |
Counsel for Plaintiff(s):
Thomas John Alves
Michael H. Brady
Counsel for Defendant(s):
Edward Bopp
William O. Monahan |
The plaintiff appeals from a Superior Court order denying its motion for reconsideration of a prior order, which denied plaintiff s petition to confirm and granted defendant’s petition to vacate an appraisal award. The plaintiff claims that Vermont Mutual waived its right to rely on the Arbitration Act because of language in its insurance policy, and that the Superior Court lacked subject matter jurisdiction to confirm or vacate the appraisal award because the award is not subject to the Arbitration Act. |
January 23, 2025
10:10 am |
SU-2023-0335-A |
Vermont Mutual Insurance Company v. New England Property Services Group, LLC el al. |
Counsel for Plaintiff(s):
Edward Bopp
William O. Monahan
Counsel for Defendant(s):
Thomas John Alves
Michael H. Brady |
Plaintiff insurance company appeals from a Superior Court order denying its motion to vacate an appraisal award and granting the cross-petition of defendant to confirm the award. The plaintiff claims that the appraisal should have been vacated because defendant’s appraiser was not impartial. |
January 23, 2025
11:00 am |
SU-2023-0250-A |
Evoqua Water Technologies LLC et al. v. Matthew Moriarty el al. |
Counsel for Plaintiff(s):
Stephen T. Melnick, III
Heather A. Pierce
Julia Robbin Shackleton
Counsel for Defendant(s):
Andrew Bilodeau
Ryanna Tyler Capalbo |
The defendant appeals from a judgment in favor of plaintiffs that denied and dismissed counts 1-3 and 5-9 of his amended counterclaim in this breach of contract action arising from a noncompetition agreement. |
January 28, 2025
9:30 am |
SU-2023-0278-A |
Mary Seguin v. Rhode Island Department of Human Services Office of Child Support Services |
Counsel for Plaintiff(s):
Mary Seguin, Pro Se
Counsel for Defendant(s):
Michael Coleman |
This case is before the Court on appeal from an order granting the motion to dismiss of the defendants, the Rhode Island Department of Human Services (DHS) and various employees of that agency, in their official capacities. This action was dismissed based on the Superior Court’s lack of subject matter jurisdiction over the plaintiff’s Access to Public Records Act complaint, in which she sought records from the DHS child support enforcement unit, regarding a child support action that is ongoing in Family Court. |
January 28, 2025
9:50 am |
SU-2024-0075-A
SU-2024-0120-A |
Sara Roman v. City of Providence et al. |
Counsel for Plaintiff(s):
Charles N. Garabedian
Ronald J. Resmini
Counsel for Defendant(s):
Jillian Hoxsie Barker
Ryan Hurley
Charles Naughton Redihan, III |
The plaintiff brought this slip-and-fall action against defendants for injuries she sustained when she fell on snow and ice at Dr. Martin Luther King Jr. Elementary School in Providence during a storm. Plaintiff appeals from summary judgment granted in favor of the defendants. |
January 28, 2025
10:10 am |
SU-2022-0285-MP |
State of Rhode Island, Department of Corrections v. Rhode Island State Labor Relations Board et al. |
Counsel for Plaintiff(s):
Carly Beauvais Iafrate
Counsel for Defendant(s):
Jeffrey W. Kasle
Nicole B. DiLibero
Brenda D. Baum |
The RI Brotherhood of Correctional Officers challenges a Superior Court ruling that reversed a State Labor Relations Board decision in its favor. The board agreed with the union that the director of the Department of Corrections was required to negotiate with the union before implementing changes to the department’s absentee management policy. The Superior Court disagreed, finding that the director was acting within her management rights under both the collective bargaining agreement and § 2-56-10. |