Pereira v. Fitzgerald
Annotate this CasePlaintiff Linda Pereira injured her left ankle when she fell into a depression in the grass at at park owned by the city of East Providence. Plaintiff filed a personal injury action against the city, alleging that the city negligently breached its duty to maintain the park in a reasonably safe condition and that it negligently failed to warn her of an unsafe condition on the premises. The defendant affirmatively alleged that the city was shielded from liability under the state Recreational Use Statute and filed a motion for summary judgment on this basis. The trial justice granted defendant's motion for summary judgment, and plaintiff appealed. The Supreme Court affirmed, holding that the Recreational Use Statute immunized the city from liability.
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