Rhode Island Supreme Court Decisions 2013

Iadevaia v. Town of Scituate Zoning Bd. of Review  
Date: December 23, 2013
Docket Number: 11-338

Justia Opinion Summary: Petitioner applied to the Town of Scituate building official for a building permit to build a single-family home on an unimproved lot. The building official denied the permit, citing numerous deficiencies with…

Burton v. State  
Date: December 20, 2013
Docket Number: 12-213

Justia Opinion Summary: Plaintiff was seventeen years old when he and his friends entered certain property reputed to be haunted. As Plaintiff and his companies were attempting to exit the building, a bottle containing sulfuric acid broke and…

Mruk v. Mortgage Elec. Registration Sys., Inc.  
Date: December 19, 2013
Docket Number: 12-282

Justia Opinion Summary: Plaintiff executed a promissory note to Dollar Mortgage Corporation (DMC) secured by a mortgage on Plaintiff's real property. The mortgage was held by Mortgage Electronic Registration Systems (MERS) as the mortgagee and…

State v. Castriotta  
Date: December 17, 2013
Docket Number: 12-201

Justia Opinion Summary: Defendant pled nolo contendere to three counts of second-degree child molestation. Before he was sentenced, Defendant filed a motion to withdraw his plea. The trial justice denied the motion and sentenced Defendant to…

DePina v. State  
Date: December 6, 2013
Docket Number: 11-259

Justia Opinion Summary: In 1998, Applicant was convicted of first-degree murder and conspiracy to commit first-degree murder. Applicant later filed an application for postconviction relief on the basis of ineffective assistance of counsel. In…

State v. Baker  
Date: December 5, 2013
Docket Number: 12-253

Justia Opinion Summary: After a jury trial, Defendant was convicted of assault with a dangerous weapon, carrying a pistol without a license, and using a firearm while committing a crime of violence. Defendant filed a motion for a new trial,…

Miller v. Saunders  
Date: December 5, 2013
Docket Number: 12-273

Justia Opinion Summary: After Plaintiff filed a complaint for divorce from Dean Miller, Plaintiff and Dean executed a property settlement agreement providing that Dean would maintain life insurance for the benefit of the parties' four minor…

Martin v. Lawrence  
Date: December 5, 2013
Docket Number: 12-297

Justia Opinion Summary: After an automobile accident that occurred between Camella Martin and Michael Coyne, Camella suffered a number of injuries. Camella died two years after the accident. Dennis Martin, as executor of the estate of Camella,…

State v. Raso  
Date: December 3, 2013
Docket Number: 11-264

Justia Opinion Summary: In 1990, Defendant pled nolo contendere to twenty-six offenses, including arson and a number of robberies. Defendant was sentenced to forty years' incarceration with twenty-eight years suspended, with probation, on the…

State v. Mitchell  
Date: November 27, 2013
Docket Number: 12-161

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of first-degree child molestation and five counts of second-degree child molestation. Defendant appealed, arguing, among other things, that the trial justice…

Gomes v. Rosario  
Date: November 27, 2013
Docket Number: 2012-2

Justia Opinion Summary: Plaintiff sued Defendant for negligence after the vehicles the parties were driving collided in an intersection. A jury found that Plaintiff had not proven, by a fair preponderance of the evidence, that Defendant was…

Morabit v. Hoag  
Date: November 26, 2013
Docket Number: 10-77

Justia Opinion Summary: A stone wall demarcated the boundary between Plaintiff's and Defendant's property. After Plaintiff discovered that a large portion of the stone wall had been destroyed and a significant number of trees on his property…

State v. Clay  
Date: November 20, 2013
Docket Number: 11-248

Justia Opinion Summary: After a jury trial, Defendant was convicted of kidnapping of a minor and reckless driving. Defendant appealed, arguing that the trial justice erred in admitting testimony about the alleged sexual assault of the…

State v. Drew  
Date: November 19, 2013
Docket Number: 12-131

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, discharging a firearm while committing a crime of violence, and entering a dwelling with the intent to commit a larceny therein. The convictions were…

State v. Baptista  
Date: November 18, 2013
Docket Number: 12-11

Justia Opinion Summary: After a trial, Defendant was convicted of two counts of first-degree child molestation and two counts of first-degree child abuse on a child under the age of five. Defendant was sentenced to concurrent life sentences on…

O’Donnell v. O’Donnell  
Date: November 18, 2013
Docket Number: 12-52

Justia Opinion Summary: After John and Anne had been married almost twenty years, John filed a complaint for divorce. Three years later, the parties indicated that they had reached a settlement, which obligated John to provide health insurance…

Caluori v. Dexter Credit Union  
Date: November 18, 2013
Docket Number: 2012-247

Justia Opinion Summary: Plaintiff filed a complaint seeking a declaratory judgment that she possessed a prescriptive easement and an easement by implication over Defendant's property. Specifically, Plaintiff claimed that she had an easement…

State v. Whitaker  
Date: November 13, 2013
Docket Number: 07-145

Justia Opinion Summary: After a jury trial, Defendant was convicted of several criminal offenses, including murder, robbery, assault with a dangerous weapon, and other firearm-related counts. The Supreme Court affirmed the convictions, holding…

State v. Young  
Date: November 7, 2013
Docket Number: 11-311

Justia Opinion Summary: After a jury trial, Defendant was convicted of seven criminal offenses, including conspiracy to commit murder. The trial justice sentenced Defendant to consecutive life sentences plus twenty non-parolable years to run…

State v. Lopez  
Date: November 5, 2013
Docket Number: 10-283

Justia Opinion Summary: After a jury trial, Defendant was convicted of breaking and entering and felony assault with a dangerous weapon. The Supreme Court affirmed, holding that the trial justice (1) did not err in denying Defendant's motion…

State v. Mlyniec  
Date: November 5, 2013
Docket Number: 12-154

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder that involved aggravated robbery and sentenced to life imprisonment without the possibility of parole. The Supreme Court affirmed. Defendant subsequently…

Option One Mortgage Corp. v. Aurora Loan Servs., LLC  
Date: November 5, 2013
Docket Number: 12-229

Justia Opinion Summary: Property Owner owned two adjacent lots, a house lot and a vacant lot. Property Owner mortgaged certain real property to Option One Mortgage Corporation. Property Owner then conveyed its house lot to an individual who, in…

Perkins v. State  
Date: November 4, 2013
Docket Number: 12-174

Justia Opinion Summary: In 1999, Defendant entered a plea of nolo contendere to first-degree robbery. While he was on parole from that sentence, Defendant was charged with and subsequently pleaded nolo contendere to two counts of second-degree…

In re Lauren B.  
Date: November 4, 2013
Docket Number: 12-232

Justia Opinion Summary: After Father's two daughters were committed to the care and custody of the Department of Children, Youth, and Families (DCYF), DCYF filed petitions to involuntarily terminate Father's parental rights to the children.…

Wyso v. Full Moon Tide, LLC  
Date: November 1, 2013
Docket Number: 12-195

Justia Opinion Summary: Plaintiff was allegedly injured when he tripped and fell on a public sidewalk that was uneven and filled with cracks. Plaintiff sued the owner of the property that abutted the sidewalk and the property's tenants…

Linde v. State  
Date: October 31, 2013
Docket Number: 12-125

Justia Opinion Summary: Defendant was convicted of nine felony counts, including second-degree murder and related firearms offenses. The trial court imposed a mandatory consecutive life sentence for use of a firearm in the commission of a…

Johnson v. QBAR Assocs.  
Date: October 29, 2013
Docket Number: 12-255

Justia Opinion Summary: After Plaintiff failed to pay taxes on property she owned, Defendant purchased the property at a tax sale. Over a year after the tax sale, Defendant filed a petition to foreclose Plaintiff's right of redemption. The…

State v. Covington  
Date: July 2, 2013
Docket Number: 11-345

Justia Opinion Summary: After a jury trial, Defendant was convicted of multiple counts of felony assault and of using a firearm while committing a crime of violence and one count of carrying a pistol or revolver without a license. The Supreme…

Bossian v. Anderson  
Date: July 2, 2013
Docket Number: 12-61

Justia Opinion Summary: Plaintiff filed suit against Defendant, one of his former law partners, after that law practice was dissolved. Plaintiff's complaint alleged intentional interference with prospective contractual relations, defamation,…

Am. States Ins. Co. v. LaFlam  
Date: July 2, 2013
Docket Number: 12-80

Justia Opinion Summary: Defendant's employer had insurance through American States Insurance Policy (ASIC). After Defendant was involved in a car accident, Defendant sent ASIC written notice of a potential claim under ASIC's…

Lombardi v. City of Providence  
Date: July 2, 2013
Docket Number: 12-86

Justia Opinion Summary: Plaintiff fell and was injured on a sidewalk in the City of Providence. Plaintiff filed suit against the City and the State, alleging that it negligently failed to maintain or repair the sidewalk. The City moved for…

State v. Eddy  
Date: June 26, 2013
Docket Number: 07-236

Justia Opinion Summary: Defendant was indicted for several sex-related crimes. Defendant opted to exercise his constitutional right to represent himself. After the jury was sworn, Defendant expressed his desire to absent himself from the trial…

State v. Oliver  
Date: June 26, 2013
Docket Number: 09-340

Justia Opinion Summary: After a bench trial, Defendant was convicted of criminal counts, including larceny, assault with a dangerous weapon, and violation of a protective order. Defendant appealed, arguing, among other things, that the State…

Wellington Condo. Ass'n v. Wellington Cove Condo. Ass'n  
Date: June 26, 2013
Docket Number: 10-437

Justia Opinion Summary: At issue in this case was two properties consisting of neighboring condominiums. In 2005, Defendants placed barriers in Plaintiffs' claimed right of way, which impeded vehicle access and foot traffic. After Defendants…

Meyer v. Meyer  
Date: June 26, 2013
Docket Number: 11-14

Justia Opinion Summary: Wife filed for a divorce from Husband. Thereafter, Husband unsuccessfully filed a motion to dismiss the complaint, contending that the family court did not have jurisdiction because Wife had not been a resident of the…

State v. Huffman  
Date: June 26, 2013
Docket Number: 11-193

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree sexual assault. The Supreme Court affirmed the conviction, holding that the trial court did not err in (1) declining to dismiss the indictment based upon a…

State v. Keenan  
Date: June 26, 2013
Docket Number: 11-265

Justia Opinion Summary: Defendant pled nolo contendere to assault with a dangerous weapon. The trial justice sentenced Defendant to twenty years incarceration, with ten years to serve and ten years suspended with probation. One year after…

Sisto v. Am. Condo. Ass'n  
Date: June 26, 2013
Docket Number: 11-30

Justia Opinion Summary: Plaintiff was a condominium unit owner in a condominium community comprised of three sub-condominium residential areas. Plaintiff filed an application for approval to demolish his existing unit and rebuild a larger unit.…

McCulloch v. McCulloch  
Date: June 25, 2013
Docket Number: 11-139

Justia Opinion Summary: Wife filed a complaint for an absolute divorce, and Husband filed a counterclaim. As grounds for divorce, both parties cited irreconcilable differences. The proceedings in the family court spanned almost five years. The…

Laurence v. R.I. Dep't of Corr.  
Date: June 20, 2013
Docket Number: 12-197

Justia Opinion Summary: Plaintiff was an inmate serving a life sentence incarcerated at the Adult Correction Institutions (ACI). Plaintiff filed an amended complaint naming as defendants employees of the ACI and Department of Corrections (DOC),…

State v. Hazard  
Date: June 19, 2013
Docket Number: 11-29

Justia Opinion Summary: While on probation, Defendant fled from two police officers. After Defendant was arrested, a firearm was discovered on the floor of his car. A trial justice later found Defendant to be a violator of the terms and…

Providence Sch. Bd. v. Providence Teachers Union, Local 958  
Date: June 19, 2013
Docket Number: 12-147

Justia Opinion Summary: The Providence School Board (Board) provided health insurance to active employees and retirees. In 2006, the Providence Teachers Union (Union) filed a grievance protesting a difference in the increase of premium costs…

State v. Allen  
Date: June 19, 2013
Docket Number: 12-176

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree child abuse for inflicting serious bodily injury on his infant son. Defendant was sentenced to twenty years incarceration. The Supreme Court affirmed the…

State v. Thornton  
Date: June 19, 2013
Docket Number: 12-5

Justia Opinion Summary: After a trial at which he represented himself, Defendant was convicted of kidnapping, domestic felony assaults, intimidation of a witness, and violation of a no-contact order. The Supreme Court affirmed the convictions.…

Wampanoag Group, LLC v. Iacoi  
Date: June 19, 2013
Docket Number: 12-54

Justia Opinion Summary: Buyers purchased real estate and retained Attorneys in connection with their purchase. Buyers sued Attorneys, alleging that, due to Attorneys' negligence, they overpaid Seller by more than $1,700,000. Attorneys filed a…

State v. Kausel  
Date: June 19, 2013
Docket Number: 12-74

Justia Opinion Summary: After a jury trial, Defendant was convicted of simple domestic assault. The Supreme Court affirmed the judgment of conviction, holding that the trial justice (1) did not err in giving a jury instruction with respect to…

State v. Bishop  
Date: June 18, 2013
Docket Number: 09-173

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, three counts of using a firearm while committing a crime of violence, burglary, and two counts of assault with a dangerous weapon. Defendant appealed,…

R.I. Constr. Servs., Inc. v. Harris Mill, LLC  
Date: June 18, 2013
Docket Number: 09-374

Justia Opinion Summary: RICS executed a note secured by a mortgage on real estate. Meanwhile, TLA entered into a contract with RICS to provide architectural and engineering services for the project and recorded two documents related to its work…

State v. Martin  
Date: June 18, 2013
Docket Number: 09-381

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree sexual assault. Defendant appealed, contending that the trial justice erred in (1) refusing to give Defendant's requested jury instructions on the defense of…

State v. Price  
Date: June 18, 2013
Docket Number: 10-128

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of possession of marijuana and two counts of possession of cocaine with the intent to deliver while armed with or having available a firearm. Defendant appealed,…

Greensleeves, Inc. v. Smiley  
Date: June 18, 2013
Docket Number: 10-230

Justia Opinion Summary: In 1995, Elizabeth Meyer, the sole shareholder and CEO of Greensleeves, Inc., orally agreed to buy six dock slips from Philip Smiley. Smiley subsequently entered into a purchase and sale agreement with Eugene Friedrich…

Bell v. State  
Date: June 18, 2013
Docket Number: 11-355

Justia Opinion Summary: After a trial, Defendant was convicted of felony assault for arming himself with a baseball bat and allegedly defending a female friend whom he thought was being threatened. Defendant subsequently filed an application…

Inland Am. Retail Mgmt. LLC v. Cinemaworld of Fla., Inc.  
Date: June 18, 2013
Docket Number: 12-151

Justia Opinion Summary: At issue in this appeal was the interpretation of a clause concerning the allocation of real estate taxes contained in a written lease between Inland American Retail Management and Cinemaworld of Florida. Inland and…

Rafaelian v. Perfecto Iron Works, Inc.  
Date: June 18, 2013
Docket Number: 12-163

Justia Opinion Summary: Petitioner filed a petition to foreclose the right of redemption arising from a tax sale of certain property. The petition indicated that Respondents, including Perfecto Iron Works, held an interest in the property and…

Sullo v. Greenberg  
Date: June 18, 2013
Docket Number: 12-69

Justia Opinion Summary: Plaintiff filed this negligence action against Defendant, a medical doctor, seeking damages for injuries she sustained after she fell on an entrance ramp to Defendant's podiatric officers during a winter storm. The…

State v. Morin  
Date: June 18, 2013
Docket Number: 2010-237

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree child molestation. Defendant appealed, contending (1) the trial justice erred in denying his motion to suppress a statement he made to the police as the fruit…

In re Evelyn C.  
Date: June 18, 2013
Docket Number: 2012-1

Justia Opinion Summary: After Evelyn was born, Father and Mother tested positive for cocaine, opiates, and marijuana. Eventually, the family court found both parents were unfit due to chronic drug use and terminated the parental rights of…

Andrews v. Plouff  
Date: May 29, 2013
Docket Number: 11-348

Justia Opinion Summary: Plaintiffs filed a purchase and sales agreement agreeing to buy Defendant's property and deposited ten percent of the purchase price with Defendant's real estate agent until closing. Defendant signed the agreement but…

Beauregard v. Gouin  
Date: May 28, 2013
Docket Number: 10-434

Justia Opinion Summary: The underlying litigation arose from a real estate dispute between Plaintiff and several neighbors of Plaintiff (collectively, Codefendants). Codefendants retained attorneys (Attorney Defendants) to represent them in the…

In re Isabella M.  
Date: May 28, 2013
Docket Number: 11-325

Justia Opinion Summary: In 2010, the Department of Children, Youth and Families (DCYF) filed two petitions for the involuntary termination of Mother's and Father's (collectively, Respondents) parental rights with respect to their two children.…

Catley v. Sampson  
Date: May 28, 2013
Docket Number: 12-167

Justia Opinion Summary: Plaintiff was the mother of two boys. After it was established that the boys were Defendant's children, Defendant moved for visitation, which the family court granted. Defendant was subsequently charged with…

Carreiro v. Tobin  
Date: May 28, 2013
Docket Number: 12-72

Justia Opinion Summary: Plaintiff received a wound from a dog bite from a pit bull. Plaintiff filed suit against Defendant, the owner of the building where the dog bite occurred. The superior court granted summary judgment in favor of…

Wheeler v. Encompass Ins. Co.  
Date: May 24, 2013
Docket Number: 2011-313

Justia Opinion Summary: Plaintiff was injured in a motor-vehicle collision with an underinsured driver (Tortfeasor). Tortfeasor was insured by Progressive Insurance Company (Progressive). Progressive paid Plaintiff its policy limits of $25,000.…

State v. Pona  
Date: May 23, 2013
Docket Number: 10-345

Justia Opinion Summary: Fifteen-year-old Jennifer Rivera was an eyewitness to the murder of Hector Feliciano and was under subpoena to testify in a murder trial. Before the trial, Jennifer was shot several times at close range in order to…

State v. Harrison  
Date: May 20, 2013
Docket Number: 11-183

Justia Opinion Summary: After a jury trial, Defendant was convicted of simple domestic assault. Defendant appealed, contending, inter alia, that the trial justice erred when she allowed a patrolman to testify about Defendant's admission that he…

Cruz v. DaimlerChrysler Motors Corp.  
Date: May 20, 2013
Docket Number: 12-56

Justia Opinion Summary: Plaintiffs, Nelson and Elaine Cruz, filed a complaint against the car dealership where Nelson purchased his vehicle (Ricky Smith), alleging that while Nelson was cleaning the inside of his minivan, both front airbags…

In re Estate of Manchester  
Date: May 20, 2013
Docket Number: 2012-85

Justia Opinion Summary: Before Decedent's death, the Department of Human Services (DHS) expended $94,162 in medical assistance payments on Decedent's behalf. Neither administratrixes of Decedent's estate notified DHS that Decedent's estate had…

State v. Moten  
Date: May 17, 2013
Docket Number: 2008-51

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree child abuse for inflicting serious bodily injury on his infant daughter. Defendant appealed, asserting that his right to confrontation under the federal and…

Oden v. Schwartz  
Date: May 16, 2013
Docket Number: 11-167

Justia Opinion Summary: Plaintiff underwent open-heart surgery at Hospital in January 2004. Dr. Singh performed the surgery, and Dr. Schwartz was the echocardiologist assisting with the surgery. Plaintiff was required to undergo a second…

In re Rita F.  
Date: May 16, 2013
Docket Number: 11-385

Justia Opinion Summary: After a trial, the family court terminated the parental rights of Respondent to her three children. The court found that Respondent was unfit by reason of conduct or conditions seriously detrimental to her children in…

Bustamante v. Oshiro  
Date: May 15, 2013
Docket Number: 11-242

Justia Opinion Summary: On June 10, 2005, Plaintiff underwent surgery for a tumor in his neck. Analysis of the tumor on the same day revealed it was a form of cancer. Plaintiff alleged he learned he had cancer on June 21, 2005. Plaintiff and…

Berard v. HCP, Inc.  
Date: May 15, 2013
Docket Number: 12-164

Justia Opinion Summary: After she slipped and fell on an icy surface, Plaintiff filed a complaint alleging negligence by Defendant in failing property to maintain its property. The trial court granted summary judgment in favor of Defendant,…

Cigarrilha v. City of Providence  
Date: May 15, 2013
Docket Number: 12-9

Justia Opinion Summary: Plaintiffs sought permits from the City of Providence so they might restore electrical meters at the property they owned. The property was located in an area of the City that was zoned for no more than two-family…

State v. Lead Indus. Ass'n  
Date: May 10, 2013
Docket Number: 10-278

Justia Opinion Summary: In 2008, the Supreme Court issued an opinion in a civil action brought by the State against various former lead pigment manufacturers and the Lead Industries Association. In this opinion, the Court considered appeals…

State v. Lead Indus. Ass'n  
Date: May 10, 2013
Docket Number: 2010-288

Justia Opinion Summary: This case arose from a public-nuisance lawsuit filed by the State in 1999 against Sherwin-Williams and other paint companies not relevant to this appeal. Defendants prevailed on appeal. The parties then began to dispute…

Morel v. Napolitano  
Date: May 6, 2013
Docket Number: 11-312

Justia Opinion Summary: Plaintiff filed a civil action against the City of Providence for personal injuries she suffered after a school bus she was operating fell into a sinkhole on a city roadway. The trial court found that the City was…

Hazard v. State  
Date: May 3, 2013
Docket Number: 11-303

Justia Opinion Summary: Defendant was convicted of one count of first-degree child molestation sexual assault and four counts of second-degree child molestation assault. Defendant subsequently filed an application for postconviction relief,…

State v. Rivera  
Date: May 2, 2013
Docket Number: 11-339

Justia Opinion Summary: After a jury trial, Defendant was convicted of multiple counts of first-degree sexual assault and second-degree sexual assault and one count of simple assault for his assault against three developmentally disabled women.…

State v. Poulin  
Date: May 2, 2013
Docket Number: 11-5

Justia Opinion Summary: Defendant entered a plea of nolo contendere to one felony count of possession of a controlled substance. Defendant complied with her conditions of probation. Defendant was subsequently charged with two misdemeanor…

State v. Price  
Date: May 1, 2013
Docket Number: 10-262

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of child enticement. Defendant subsequently filed a motion for a new trial, arguing that there was insufficient evidence to support a conviction on the count of…

State v. Santos  
Date: April 29, 2013
Docket Number: 11-153

Justia Opinion Summary: After a jury trial, Defendant was convicted of carrying a firearm in a motor vehicle without a license. Defendant appealed, arguing that the trial justice erred (1) when he denied Defendant's motion to suppress a…

State Dep't of Corr. v. R.I. Brotherhood of Corr. Officers  
Date: April 25, 2013
Docket Number: 11-99

Justia Opinion Summary: This case involved a dispute between the R.I. Department of Corrections (DOC) and the certified bargaining unit for correctional officers and other DOC employees (the union). The dispute arose from the DOC's proposal to…

Piccoli & Sons, Inc. v. E & C Constr. Co., Inc.  
Date: April 25, 2013
Docket Number: 12-128

Justia Opinion Summary: This litigation stemmed from a dispute over monies allegedly owed to a now-defunct corporation for work performed as part of a construction project that took place in 1990. Plaintiff corporation instituted suit about…

State v. Botas  
Date: April 23, 2013
Docket Number: 09-185

Justia Opinion Summary: After a jury trial, Defendant was convicted of seven counts of simple assault. At the time of the alleged incidents, Defendant was a captain at the Rhode Island Adult Correctional Institutions (ACI). The charges leveled…

State v. Gaffney  
Date: April 23, 2013
Docket Number: 11-346

Justia Opinion Summary: Defendant was charged with two counts of felony assault. After a jury trial, Defendant was convicted of the lesser-included offense of simple assault and of a serious bodily injury felony assault. Defendant appealed,…

McAninch v. State Dep't of Labor and Training  
Date: April 19, 2013
Docket Number: 11-358

Justia Opinion Summary: Plaintiff was a business agent for a labor organization that represented former employees of the public library. On June 30, the library terminated the employment of thirty-eight union employees. Plaintiff filed a…

Thomas v. Proctor  
Date: April 17, 2013
Docket Number: 11-309

Justia Opinion Summary: Plaintiff sustained injuries when he was shot by Defendant, a police officer. Plaintiff filed a civil action against Defendant seeking damages. The jury entered a verdict in Defendant's favor, finding Plaintiff did not…

Furtado v. Goncalves  
Date: April 15, 2013
Docket Number: 11-361

Justia Opinion Summary: This case involved a mediated settlement agreement between two of the heirs of Alfredo and the executrix of his estate, Maria. The superior court ordered Plaintiffs, Lucilio and Patricia, to execute general releases and…

Bucci v. Lehman Bros. Bank, FSB  
Date: April 12, 2013
Docket Number: 10-146

Justia Opinion Summary: Plaintiff borrowed $249,900 from Lehman Brothers Bank to finance the purchase of a home, and he signed an adjustable rate note that evidenced the debt. Plaintiff and his wife (Plaintiffs) then executed a mortgage on the…

Ellis v. Verizon New England, Inc.  
Date: April 12, 2013
Docket Number: 10-431

Justia Opinion Summary: Petitioner was severely injured when he was assaulted by a stranger in the West End of the City of Providence. Petitioner had been sent to that location by his employer, Verizon New England. Petitioner subsequently filed…

Mortgage Elec. Registration Sys., Inc. v. DePina  
Date: April 12, 2013
Docket Number: 11-324

Justia Opinion Summary: Mortgage Electronic Registration Systems, as nominee for two lenders (collectively, Plaintiffs), held mortgages on Lot 456. For the property owner's failure to pay his water bill, the Pawtucket Water Supply Board (PWSB)…

Huntley v. State  
Date: April 12, 2013
Docket Number: 11-397

Justia Opinion Summary: Plaintiff filed suit against the State alleging statutory claims under the Rhode Island Fair Employment Practices Act, the Rhode Island Civil Rights Act, and the Rhode Island Whistelblowers' Protection Act. The State…

DiPippo v. Sperling  
Date: April 12, 2013
Docket Number: 12-14

Justia Opinion Summary: Plaintiffs and Defendants owned abutting property. The parties disputed a parcel of land located on the northernmost portion of Defendants' surveyed property. Plaintiffs asserted that, since 1972, they used this area as…

Vogel v. Catala  
Date: April 12, 2013
Docket Number: 12-177

Justia Opinion Summary: After Defendant failed to repay a loan Plaintiff made to him in the amount of $8,500, Plaintiff filed a complaint against Defendant alleging breach of contract and breach of an implied-in-fact contract. Plaintiff later…

Daniels v. Fluette  
Date: April 12, 2013
Docket Number: 12-53

Justia Opinion Summary: Plaintiff filed this action against Bishop Hendricken High School and its agents alleging negligence, contending that the school failed to supervise its students and failed to protect its students by using safety glass…

Griggs v. Heal  
Date: April 12, 2013
Docket Number: 2012-19

Justia Opinion Summary: In 2000, Lauren unsuccessfully petitioned for guardianship of her father, Glenn. Appellants, including Lauren, subsequently removed Glenn from his house and refused to disclose his location. On June 26, 2003, the probate…

State v. Isom  
Date: April 11, 2013
Docket Number: 11-323

Justia Opinion Summary: Defendant pled nolo contendere to breaking and entering. Over the next several years, the state filed five notices of probation violation against Defendant. The fourth notice of violation, the subject of this appeal,…

Rivera v. Employees’ Ret. Sys. of R.I.  
Date: April 8, 2013
Docket Number: 11-166

Justia Opinion Summary: Petitioner, a sergeant with the police department, applied for accidental disability benefits for post traumatic stress disorder and anxiety disorder. The Employees' Retirement System of Rhode Island (retirement board)…

State v. DeRobbio  
Date: April 8, 2013
Docket Number: 11-178

Justia Opinion Summary: Defendants were charged with possessing marijuana with the intent to deliver it in violation of the Uniform Controlled Substances Act (CSA), manufacturing marijuana, and conspiracy to violate the CSA. Defendants moved to…

State v. Brown  
Date: April 5, 2013
Docket Number: 08-210

Justia Opinion Summary: After a jury trial, Defendant was convicted of simple assault and disorderly conduct. The Supreme Court affirmed, holding that the superior court did not commit reversible error in refusing to (1) holding a posttrial…

In re Briggs  
Date: April 4, 2013
Docket Number: 11-281

Justia Opinion Summary: The director of the Department of Mental Health, Retardation and Hospitals (Department) petitioned the superior court for an emergency transfer of Irving Briggs, a sentenced inmate, from the forensic unit of the Eleanor…

Anolik v. Zoning Bd. of Review of City of Newport  
Date: April 2, 2013
Docket Number: 12-76

Justia Opinion Summary: Defendants, the city zoning board of review and the members of that board voted at a February 23, 2009 meeting to approve a request for an extension of time in which to substantially complete certain improvements to…

Lloyd v. Zoning Bd. of Review for City of Newport  
Date: March 29, 2013
Docket Number: 09-303

Justia Opinion Summary: The Lloyds owned property abutting property owned by the Bardorfs. Both properties were zoned R-10. The Bardorfs filed an application for a special-use permit proposing the removal of a deck and an existing two-story…

Mead v. Sanofi-Aventis U.S., Inc.  
Date: March 28, 2013
Docket Number: 11-142

Justia Opinion Summary: Plaintiff was crossing a street by foot when she was struck by a vehicle driven by Defendant. Plaintiff sued Defendant, alleging negligence, and Defendant's employer (Employer). The jury returned a verdict in favor of…

State v. Long  
Date: March 8, 2013
Docket Number: 2011-154

Justia Opinion Summary: After a jury trial, Defendant was convicted of manufacturing or cultivating marijuana. The Supreme Court affirmed the conviction, holding that the trial justice (1) did not err in denying Defendant's motion for a…

Nichols v. R&D Constr. Co.  
Date: March 4, 2013
Docket Number: 10-336

Justia Opinion Summary: Plaintiff was injured while he was working for Defendant. Plaintiff began receiving partial disability benefits. Several years later, Plaintiff was notified that his benefits would be terminated. Plaintiff filed a…

State v. Lopes  
Date: March 1, 2013
Docket Number: 2010-342

Justia Opinion Summary: In 2002, Defendant pleaded guilty to several criminal offenses and was sentenced to a term of probation. In 2009, Defendant was adjudged to be in violation of his probation. The superior court subsequently executed six…

Hall v. State  
Date: March 1, 2013
Docket Number: 2011-297

Justia Opinion Summary: After a jury trial, Defendant was convicted of several firearm offenses, eluding a police officer, and resisting arrest. Defendant's convictions were affirmed on appeal. Defendant subsequently filed an application for…

Zambarano v. Ret. Bd. of Employees’ Ret. Sys. of R.I.  
Date: March 1, 2013
Docket Number: 2012-155

Justia Opinion Summary: Defendant pled guilty to eight felony counts relating to his unethical conduct as a member of the town council. On the day of his sentencing, the U.S. district court entered an order of forfeiture requiring Defendant to…

Law Firm of Thomas A. Tarro, III v. Checrallah  
Date: February 21, 2013
Docket Number: 2011-123

Justia Opinion Summary: In 1989, Defendant hired a law firm and one of its attorneys (collectively, Plaintiffs) to represent Defendant in her father's probate proceedings. The retainer agreement provided that Defendant would pay Plaintiffs…

State v. Delarosa  
Date: February 19, 2013
Docket Number: 11-394

Justia Opinion Summary: After a jury trial, Defendant was convicted of robbery in the first degree, conspiracy to commit robbery, breaking and entering a dwelling without consent while the owner was on the premises, carrying a firearm without a…

State v. Roberts  
Date: February 13, 2013
Docket Number: 2011-263

Justia Opinion Summary: In 1992, Defendant pleaded nolo contendere several charges, including first- and second-degree child molestation. Defendant was sentenced to thirty years on each of the molestation counts, with fifteen years to serve,…

Jolly v. Wall  
Date: February 1, 2013
Docket Number: 10-213

Justia Opinion Summary: Defendant entered pleas of nolo contendere to three counts of second-degree child molestation, and the hearing justice accepted Defendant's plea. Five months later, Defendant filed an application for postconviction…

DeMaio v. Ciccone  
Date: February 1, 2013
Docket Number: 2011-211

Justia Opinion Summary: A motor vehicle collision involving Plaintiff and Defendant occurred when Plaintiff was riding his motorcycle and Defendant was driving a car belonging to his girlfriend. Plaintiff filed a complaint against Defendant and…

R.I. Mobile Sportfishermen, Inc. v. Nope’s Island Conservation Ass'n  
Date: January 31, 2013
Docket Number: 11-180

Justia Opinion Summary: Defendant was a nonprofit conservation corporation that owned beachfront property. Plaintiff filed a complaint seeking the superior court's recognition of its right to traverse Defendant's land to get access to its own…

Nationwide Prop. & Cas. Ins. Co. v. D.F. Pepper Constr., Inc.  
Date: January 28, 2013
Docket Number: 11-308

Justia Opinion Summary: Dean Pepper, the owner and sole shareholder of D.F. Pepper Construction (DFP) was driving one of his trucks home in the early winter morning. An icy road caused the truck to slide into Pepper's house and crash through…

State v. Paola  
Date: January 25, 2013
Docket Number: 11-118

Justia Opinion Summary: After a jury trial, Defendant was convicted of several acts of child molestation and sexual assault. Defendant filed a motion for a new trial, which the trial justice denied. The Supreme Court affirmed the denial of…

Allstate Ins. Co. v. Ahlquist  
Date: January 25, 2013
Docket Number: 12-16

Justia Opinion Summary: Jared Crook was driving a Cadillac leased for him by his father, Calvin Crook, when he collided with Jessica Ahlquist's vehicle. Ahlquist sustained severe personal injuries as a result of the accident. The Cadillac was…

State v. Martinez  
Date: January 23, 2013
Docket Number: 2008-121

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the first degree. The trial justice imposed a sentence of life imprisonment without the possibility of parole. Defendant appealed, contending that the trial…

Francis v. Gallo  
Date: January 22, 2013
Docket Number: 11-129

Justia Opinion Summary: Dr. James Gallo treated Plaintiff in 2003 and 2004. Thereafter, Plaintiff filed a complaint against Gallo and West Bay Psychiatry Associations, including claims for slander for remarks uttered in two separate…

State v. Baillargeron  
Date: January 22, 2013
Docket Number: 11-240

Justia Opinion Summary: Defendant was charged by information with threatening a public official with bodily harm as a result of the lawful performance of his official duties. The superior court dismissed the information for lack of probable…

State v. Burnham  
Date: January 18, 2013
Docket Number: 10-410

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of second-degree child molestation. Defendant filed a motion for a new trial founded on a claim that he was deprived of pretrial access to certain relevant…

State v. Lamoureux  
Date: January 17, 2013
Docket Number: 12-120

Justia Opinion Summary: Defendant pleaded guilty to manslaughter in 1994 and received a sentence of thirty years in prison with twenty years suspended, along with twenty years probation. In 2011, the superior court adjudged Defendant to be in…

Peloquin v. Haven Health Ctr. of Greenville, LLC  
Date: January 14, 2013
Docket Number: 11-130

Justia Opinion Summary: Pearl Archambault died while in the care of Haven Health Center of Greenville (Haven Health) after a nurse mistakenly administered a lethal overdose of morphine. The administratrix of her estate, Plaintiff, filed a…

Camacho v. State  
Date: January 14, 2013
Docket Number: 11-327

Justia Opinion Summary: Defendant entered an Alford plea to two counts of second-degree child molestation. Seventeen years later, Defendant filed an application for postconviction relief, arguing that there was not sufficient evidence for the…

Rivera v. State  
Date: January 14, 2013
Docket Number: 2011-322

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and three firearms charges. The Supreme Court affirmed Defendant's convictions on all counts. Defendant subsequently filed an application for…

State v. Briggs  
Date: January 13, 2013
Docket Number: 11-47

Justia Opinion Summary: In 2003, after completing their respective deferred sentences, Defendants James Briggs and Anna Matthias unsuccessfully moved to expunge the records of their arrests and pleas. Briggs had pled nolo contendere to…

State v. Morrice  
Date: January 11, 2013
Docket Number: 11-52

Justia Opinion Summary: In 2003, Defendant was charged with obtaining money under false pretenses. Defendant pled nolo contendere to the charge and agreed to pay restitution. Defendant's sentencing was deferred for a period of five years. In…

In re Application of Floyd Edmond Webb, III.
Date: January 11, 2013
Docket Number: 2013-3
Perez v. State  
Date: January 10, 2013
Docket Number: 2007-255

Justia Opinion Summary: After a jury trial, Defendant was sentenced to life imprisonment for the first-degree murder of his mother. Defendant subsequently filed an application for postconviction relief. The superior court appointed counsel to…

Multi-State Restoration, Inc. v. DWS Props., LLC  
Date: January 10, 2013
Docket Number: 2011-350

Justia Opinion Summary: DWS Properties (DWS) owned rental property. The sole member of DWS was Dustin Shore. After a pipe burst at the property causing substantial damage, Shore executed contracts with Performance Adjusting Public Insurance…

State v. Lynch  
Date: January 10, 2013
Docket Number: 2011-374

Justia Opinion Summary: After a jury trial, Defendant was convicted of four counts of first-degree sexual assault. The trial justice sentenced Defendant to four concurrent sentences of twenty years incarceration, ten years to serve, ten years…

Custom Metals Sys., Ltd. v. Tocci Building Corp.  
Date: January 7, 2013
Docket Number: 11-210

Justia Opinion Summary: Plaintiff was a Massachusetts corporation when it entered into a contract with Defendants. The contract was to be performed entirely in Rhode Island. Defendants subsequently commenced a civil action against Plaintiff. At…

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