Rhode Island Supreme Court Decisions 2017

State ex rel Town of Tiverton v. Pelletier  
Date: December 15, 2017
Docket Numbers: 14-123, 14-298

Justia Opinion Summary: The Supreme Court affirmed the judgment of the superior court, following a bench trial, convicting Defendants, James and Melissa Pelletier, of violating Tiverton Zoning Ordinance article IV, section 13(a) for manufacturi...

Cappuccilli v. Carcieri  
Date: December 15, 2017
Docket Number: 15-46

Justia Opinion Summary: The Supreme Court affirmed the judgment of the superior court denying Plaintiff’s motion for a new trial after the jury returned a verdict in favor of Defendants in this medical malpractice action. Plaintiff’s claim ag...

Pimentel v. Deutsche Bank National Trust Co.  
Date: December 15, 2017
Docket Number: 16-135

Justia Opinion Summary: The Supreme Court affirmed the judgment of the superior court granting summary judgment in favor of Defendant, Deutsche Bank National Trust Company, on Plaintiff’s complaint alleging that Defendant was unable to foreclos...

Retirement Board of the Employees’ Retirement System of City of Providence v. Corrente  
Date: December 15, 2017
Docket Numbers: 2015-246, 2015-244, 2015-243

Justia Opinion Summary: At issue was a decision of the Retirement Board of the Employees’ Retirement System of the City of Providence (City) to reduce the pension benefits of Frank Corrente after he was convicted of six felony counts in a feder...

Lehigh Cement Co. v. Quinn  
Date: December 13, 2017
Docket Number: 16-118

Justia Opinion Summary: The Supreme Court affirmed the judgment of the superior court granting the City of Providence’s motion for summary judgment in this lawsuit filed by Lehigh Cement Co. seeking to recover approximately $500,000 in real est...

In re A.S.
Date: December 13, 2017
Docket Number: 17-413
State v. Mosley  
Date: December 8, 2017
Docket Number: 16-11

Justia Opinion Summary: The Supreme Court affirmed the judgment of the superior court finding that Defendant violated the terms and conditions of his probation and ordering him to serve at the Adult Correctional Institutions (ACI) six of the se...

Hall v. Hornby  
Date: December 8, 2017
Docket Number: 16-281

Justia Opinion Summary: R.I. Gen. Laws 10-6-2 means that the release of the master from liability also releases the servant. The Supreme Court affirmed the judgment of the superior court granting summary judgment for Defendants in this neglige...

Azar v. Town of Lincoln  
Date: December 7, 2017
Docket Number: 16-267

Justia Opinion Summary: The Supreme Court affirmed the judgment of the superior court granting judgment as a matter of law in favor of Defendants in this employment discrimination action. Plaintiff, a former employee of the Town of Lincoln Sc...

Motyka v. State  
Date: December 5, 2017
Docket Number: 14-356

Justia Opinion Summary: From this point forward, Shatney v. State, 755 A.2d 130 (R.I. 2000), shall be deemed abrogated and inapplicable in any case involving both an initial application for postconviction relief and an applicant who has been se...

Burke v. State  
Date: December 4, 2017
Docket Number: 15-177

Justia Opinion Summary: The Supreme Court affirmed the hearing justice’s denial of Appellant’s application for postconviction relief seeking leave to withdraw his guilty pleas to breaking and entering and larceny charges. The breaking and enter...

State v. Withers  
Date: November 21, 2017
Docket Number: 15-204

Justia Opinion Summary: The Supreme Court affirmed the judgment of the superior court denying Defendant’s motion for a new trial and her request to proceed pro se. Defendant was found guilty of one count of simple assault following a jury tri...

Neufville v. State  
Date: November 16, 2017
Docket Numbers: 16-125, 16-124, 16-123, 16-122, 16-121, 16-120, 15-362

Justia Opinion Summary: The Supreme Court affirmed the judgment of the superior court finding that Defendant violated the terms of his probation, sentencing him to serve sixteen years in prison, and denying Defendant’s motion for reconsideratio...

State v. Huntley  
Date: November 14, 2017
Docket Number: 16-105

Justia Opinion Summary: In this criminal case in which Defendant was convicted of several crimes, the Supreme Court affirmed the judgment of the superior court denying Defendant’s motion for judgment of acquittal on the count of conspiracy to c...

State v. Peters  
Date: November 14, 2017
Docket Number: 16-113

Justia Opinion Summary: A passenger in a moving vehicle who forcibly seizes the steering wheel has exercised sufficient control of the vehicle to be deemed a “driver” or “operator” under the reach of chapter 27 of title 31, and therefore, the t...

State v. Tejeda  
Date: November 8, 2017
Docket Number: 16-242

Justia Opinion Summary: The Supreme Court affirmed the judgment of the superior court convicting Defendant of first-degree murder. The court held (1) even though Defendant’s trial commenced after the 180 days required by the Interstate Agreemen...

State v. Padilla  
Date: November 3, 2017
Docket Number: 15-87

Justia Opinion Summary: The Supreme Court affirmed the judgment of the superior court convicting Defendant of first-degree robbery following a jury-waived trial. On appeal, Defendant argued that the trial justice misconstrued the complainant’s...

State v. Blandino  
Date: October 30, 2017
Docket Number: 16-115

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of first-degree murder, discharging a firearm during a crime of violence, resulting in a death, and other crimes. On appeal, Defendant argued that the trial justice erred...

Key v. Brown University  
Date: June 27, 2017
Docket Numbers: 15-4, 15-110

Justia Opinion Summary: Plaintiffs filed a complaint against Brown University and the City of Providence. In count one of their complaint Plaintiffs sought a declaration that the university’s construction of an artificial turf field hockey fiel...

State v. Terzian  
Date: June 23, 2017
Docket Number: 09-46

Justia Opinion Summary: The Supreme Court vacated the judgments of conviction entered in the superior court following a jury trial convicting Defendant of three counts of assault with a dangerous weapon and one count of carrying a pistol withou...

Yangambi v. Providence School Board  
Date: June 23, 2017
Docket Numbers: 14-281, 2014-282

Justia Opinion Summary: The Supreme Court affirmed the judgment of the superior court following a jury verdict in favor of Plaintiff on a single claim of employment discrimination based on national origin. Both parties appealed the judgment. Th...

Fogarty v. Palumbo  
Date: June 23, 2017
Docket Numbers: 15-271, 15-291, 15-273, 15-292

Justia Opinion Summary: Plaintiffs claimed that the sale of property without their consent to an entity of which Defendants were principals, was fraudulent. Plaintiffs also named as a defendant the title insurance and escrow agent in connection...

Roadepot, LLC et al. v. Home Depot, U.S.A., Inc.  
Date: June 23, 2017
Docket Numbers: 15-347, 15-348, 15-349

Justia Opinion Summary: In this commercial property dispute between a landlord, Roadepot, LLC and Keyserton, LLC (collectively, Roadepot), and a tenant, Home Depot, U.S.A., Inc., regarding sewer assessment charges, the Supreme Court affirmed in...

In re Adrina T.  
Date: June 22, 2017
Docket Number: 15-91

Justia Opinion Summary: The Supreme Court vacated the decree of the family court as it pertained to Mother. The decree found that Mother failed to provide Daughter with a minimum degree of care or guardianship, that Child was without proper par...

State v. Fuentes  
Date: June 21, 2017
Docket Number: 14-342

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of-first degree murder and the discharge of a firearm while committing a crime of violence. On appeal, Defendant argued that the trial justice erred when “he refused to...

State v. Husband  
Date: June 21, 2017
Docket Number: 15-160

Justia Opinion Summary: The Supreme Court vacated Defendant’s convictions of three counts of first-degree murder, three counts of discharging a firearm while committing a crime of violence, and one count of conspiracy to commit robbery. Defenda...

Beagan v. Rhode Island Department of Labor & Training, Board of Review  
Date: June 19, 2017
Docket Number: 14-187

Justia Opinion Summary: Michael Beagan was terminated from his employment with Albert Kemperle, Inc. after his manager discovered a disparaging post Beagan had made about him on Facebook. The Rhode Island Department of Labor and Training (DLT)...

State v. Adams  
Date: June 19, 2017
Docket Number: 16-116

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for one count of first-degree robbery, two counts of felony assault, one count of second-degree murder, and one count of committing a crime of violence while possessing...

Correia v. Bettencourt  
Date: June 19, 2017
Docket Number: 16-273

Justia Opinion Summary: Adam Correia was seriously injured after he and Edward Alexander went target shooting and Alexander accidentally shot Correia in the abdomen. Correia brought five claims against John and Theresa Bettencourt, the owners o...

State v. Pacheco  
Date: June 16, 2017
Docket Number: 14-229

Justia Opinion Summary: The doctrine of collateral estoppel did not bar the state from prosecuting a chemical breath test refusal under R.I. Gen. Laws 31-37-2.1. Defendant was convicted of unlawful possession of marijuana and a chemical refus...

Hudson v. GEICO Insurance Agency, Inc.  
Date: June 16, 2017
Docket Number: 16-15

Justia Opinion Summary: Plaintiff, who was injured while rendering roadside aid as a Good Samaritan, was “occupying” the insured vehicle for purposes of underinsured motorist (UM) coverage and was therefore entitled to recover under the terms o...

Aubin v. MAG Realty, LLC  
Date: June 15, 2017
Docket Number: 16-42

Justia Opinion Summary: Plaintiff slipped on a patch of black ice in the paved parking area adjacent to his apartment building, which was owned by Defendant. Plaintiff filed suit against Defendant, alleging that Defendant negligently maintained...

State v. Yon  
Date: June 9, 2017
Docket Number: 14-294

Justia Opinion Summary: Defendant was convicted of constructive possession of a firearm after a conviction for a crime of violence. Defendant appealed. The Supreme Court affirmed, holding (1) the trial justice did not err in refusing to suppres...

State v. Sabourin  
Date: June 9, 2017
Docket Number: 15-335

Justia Opinion Summary: The trial court did not err in declining to suppress the statements Defendant had given tot he police. Defendant was convicted on two counts of first-degree sexual assault. The trial court sentenced Defendant to twenty-...

State v. Corleto  
Date: June 8, 2017
Docket Number: 15-267

Justia Opinion Summary: Defendant was charged via a criminal information with breaking and entering a dwelling. After a trial, the trial justice granted Defendant’s motion to pass the case based on based on a comment made by the prosecutor duri...

Gomes v. State  
Date: June 8, 2017
Docket Number: 15-306

Justia Opinion Summary: Defendant pleaded nolo contendere to assault in a dwelling house with intent to murder while armed with a dangerous weapon and carrying a pistol on or about his person without a license. While Defendant was on parole, he...

Tri-Town Construction Co. v. Commerce Park Associates 12, LLC  
Date: June 7, 2017
Docket Number: 16-47

Justia Opinion Summary: The raise-or-waive rule barred consideration of the argument brought before the Supreme Court on appeal in this breach of a promissory note case. In a prior appeal in this case, the Supreme Court affirmed a judgment of...

Hamilton v. Ballard  
Date: June 6, 2017
Docket Number: 14-323

Justia Opinion Summary: This case stemmed from litigation beginning in 2000 between feuding neighbors who disputed several issues, including the details of an easement that resulted from a court-mandated land petition. In 2005, the Ballards fil...

State v. Perez  
Date: June 6, 2017
Docket Number: 14-358

Justia Opinion Summary: After a jury trial, Defendant was convicted of six counts of first-degree sexual assault and three counts of second-degree sexual assault. The Supreme Court vacated count five of the judgment of conviction and affirmed t...

State v. Pittman  
Date: May 31, 2017
Docket Number: 15-370

Justia Opinion Summary: Defendant was convicted of second-degree robbery and sentenced to twenty years with sixteen years to serve at the Adult Correctional Institutions and four years suspended with probation. Defendant filed a motion for a ne...

Plainfield Pike Development, LLC. v. Victor Anthony Properties, Inc.  
Date: May 30, 2017
Docket Number: 16-103

Justia Opinion Summary: Plaintiff filed a two-count declaratory judgment action seeking adjudication regarding its use of a roadway over Defendant’s abutting property. The trial justice issued a decision in favor of Plaintiff, concluding that P...

Quillen v. Macera  
Date: May 30, 2017
Docket Number: 16-76

Justia Opinion Summary: Plaintiff, the grandnephew of the decedent, filed this action against Defendant, the decedent’s sister and the beneficiary of an Amica Insurance Company annuity policy created by the decedent. The complaint alleged forge...

Albert J. Branch Revocable Trust v. Interstate Battery Center  
Date: May 26, 2017
Docket Number: 15-311

Justia Opinion Summary: This lawsuit arose from a dispute over an alleged commercial lease agreement between Plaintiffs, owners of certain property, and Defendants, who Plaintiffs claimed breached the terms of the lease. The superior court gran...

State v. Funches  
Date: May 26, 2017
Docket Number: 15-32

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for one count of domestic assault by strangulation and one count of simple assault. The court held that (1) the trial justice did not err in denying Defendant’s motion to...

Miller v. Wells Fargo Bank, N.A.  
Date: May 25, 2017
Docket Number: 16-71

Justia Opinion Summary: After Wells Fargo foreclosed upon Plaintiff’s home, Plaintiff filed an amended complaint against Wells Fargo, asserting six causes of action. The superior court granted Wells Fargo’s motion for judgment as a matter of la...

Cooley v. Kelly  
Date: May 24, 2017
Docket Number: 14-337

Justia Opinion Summary: Plaintiff filed a complaint against Defendant alleging that she was injured after falling through a defective stair and that Defendant was negligent in that he had breached his duty to keep the premises in a safe and rea...

Deutsche Bank National Trust Co. v. McDonough  
Date: May 24, 2017
Docket Number: 16-37

Justia Opinion Summary: Defendant owned a property on Arnold Street. Defendant executed a note in favor of Ameriquest Mortgage Company secured by a mortgage on the Arnold Street property. Plaintiff asserted that Ameriquest assigned the Arnold S...

Chum v. State  
Date: May 23, 2017
Docket Number: 15-43

Justia Opinion Summary: Appellant was found guilty of two counts of felony assault with a dangerous weapon, conspiracy to commit assault with a dangerous weapon, and other offenses. Appellant filed a pro se application for postconviction relief...

Chase v. Nationwide Mutual Fire Insurance Co.  
Date: May 22, 2017
Docket Number: 15-368

Justia Opinion Summary: Some four years after Plaintiff suffered a casualty loss to his property, Plaintiff sued Nationwide Mutual Fire Insurance Company (Defendant), which insured the property pursuant to a policy that it had issued to Plainti...

State v. Diaz  
Date: May 16, 2017
Docket Number: 15-354

Justia Opinion Summary: The Supreme Court affirmed the superior court’s denial of Defendant’s motion for a new trial. The charges against Defendant arose from an incident involving Jessica Nunez and Defendant’s use of a knife on one date and a...

Bartlett v. Coppe  
Date: May 16, 2017
Docket Number: 16-221

Justia Opinion Summary: The Supreme Court affirmed the superior court’s grant of summary judgment in favor of Dr. David Coppe (Defendant) in this medical malpractice action. Plaintiffs alleged that Defendant breached the standard of care for tr...

State v. Ogoffa  
Date: May 16, 2017
Docket Number: 16-300

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction on five counts of first-degree child molestation rendered after a jury trial. After denying Defendant’s motion for a new trial, the trial justice sentenced Defendant to f...

Town of Warren v. Bristol Warren Regional School District  
Date: May 12, 2017
Docket Numbers: 2015-363, 2015-364

Justia Opinion Summary: At issue in this case was the correct statutory interpretation of the manner in which state education aid funds received by the Bristol Warren Regional School District (the district) should be calculated and apportioned...

Andoscia v. Town of North Smithfield  
Date: May 10, 2017
Docket Number: 14-246

Justia Opinion Summary: The Supreme Court affirmed the trial justice’s determination that Plaintiff’s reappointment to his fourth consecutive two-year term as assistant zoning inspector in the Town of North Smithfield did not constitute a contr...

Glassie v. Doucette  
Date: May 10, 2017
Docket Numbers: 15-275, 15-277

Justia Opinion Summary: Plaintiff filed a claim against Testator’s estate for $2 million. The superior court awarded Plaintiff the amount requested under the provisions of the Testator’s last will and testament. The hearing justice then reduced...

1112 Charles, L.P. v. Fornel Entertainment, Inc.  
Date: May 5, 2017
Docket Number: 16-150

Justia Opinion Summary: In case concerning a lease dispute, the Supreme Court concluded that Plaintiff was not in privity of contract, either through a lease agreement or an attainment agreement, and could not challenge the validity of the orig...

Jackson v. Quincy Mutual Fire Insurance Co.  
Date: May 5, 2017
Docket Number: 16-19

Justia Opinion Summary: Plaintiff, the executrix of the estate of the decedent, brought a declaratory judgment action seeking a declaration that the estate was entitled to underinsured motorist coverage under a policy issued by Quincy Mutual po...

State v. Parrillo  
Date: May 3, 2017
Docket Number: 13-203

Justia Opinion Summary: The Supreme Court vacated an order of the superior court denying the State’s request to adjudge Anthony Parrillo a probation violator based upon the hearing justice’s finding that Parrillo was no longer on probation at t...

Kilmartin v. Barbuto  
Date: May 2, 2017
Docket Number: 15-195

Justia Opinion Summary: The Supreme Court held that the trial justice did not err in finding that a 1909 Plat and Indenture did not reveal manifest intent to dedicate an over two-mile stretch of beach in the Misquamicut area of Westerly, Rhode...

State v. Cavanaugh  
Date: April 28, 2017
Docket Number: 15-305

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of first-degree sexual assault and four counts of second-degree child molestation sexual assault. The Supreme Court affirmed the judgments of conviction, holding t...

Plaintiff v. Defendant  
Date: April 20, 2017
Docket Number: 14-108

Justia Opinion Summary: At dispute in this case was an allegedly underfunded trust that was created by the decedent, Donelson Glassie (Donelson), for the benefit of his daughter, the late Jacquelin Glassie (Jacquelin), in accordance with a prop...

State v. McDonald  
Date: April 20, 2017
Docket Number: 15-158

Justia Opinion Summary: After a jury trial, Defendant was convicted on three separate counts of embezzlement and one count of conspiracy to commit embezzlement. Defendant filed a motion for a new trial, arguing that the evidence was not suffici...

Roach v. State  
Date: April 18, 2017
Docket Number: 14-204

Justia Opinion Summary: Plaintiff slipped and fell while she was working as a contract nurse at the Rhode Island Veterans Home. Plaintiff brought suit against the State. After a trial, the jury awarded Plaintiff $500,000. The trial justice gran...

State v. Thibedau  
Date: April 18, 2017
Docket Number: 15-163

Justia Opinion Summary: After a jury trial, Defendant was found guilty of three counts of child molestation against his stepdaughter. The Supreme Court affirmed the judgment of the superior court, holding (1) the trial justice did not abuse his...

Lemont v. Estate of Mary Della Ventura  
Date: April 4, 2017
Docket Number: 13-317

Justia Opinion Summary: Plaintiff filed a negligence suit against Defendant after falling and sustaining injuries while on Defendant’s property. After a trial, the jury returned a verdict in Plaintiff’s favor, finding Defendant to be sixty-fiv...

Limoges v. Nalco Co.  
Date: April 4, 2017
Docket Number: 16-36

Justia Opinion Summary: Plaintiff Stephen Limoges claimed that he suffered significant pulmonary injuries in a chemical spill. Plaintiffs brought suit against three different entities, including Arden Engineering Constructors, LLC, alleging, in...

State v. Angeles  
Date: April 3, 2017
Docket Number: 15-42

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of felony assault and one count each of possession of a controlled substance, resisting arrest, and reckless driving. Defendant petitioned the Supreme Court for a...

Njie v. State  
Date: April 3, 2017
Docket Number: 15-52

Justia Opinion Summary: Defendant pled nolo contendere to one count of second-degree sexual assault and one count of intimidation of a witness in a criminal proceeding. Defendant filed an application for postconviction relief alleging that his...

Bainum v. Coventry Police Department  
Date: March 27, 2017
Docket Number: 16-41

Justia Opinion Summary: Carel Bainum was found guilty of willful trespass because of her unwelcome contact with a former resident in the dementia ward of the Coventry Health and Rehabilitation Center. Bainum then brought a civil action against...

O’Connell v. Walmsley  
Date: March 27, 2017
Docket Numbers: 16-58, 16-59

Justia Opinion Summary: Jason Goffe and Michael Petrarca were high-speed racing when Goffe lost control of his vehicle and whirled into the eastbound lane. William Walmsley struck Goffe’s vehicle, killing Goffe and his passenger, Brendan O’Conn...

State v. Giard  
Date: March 24, 2017
Docket Number: 14-278

Justia Opinion Summary: Defendant pled nolo contendere to one count of felony assault and received a deferred sentence. Thereafter, Defendant was presented with a notice of violation based on an alleged act of second-degree child molestation of...

State v. Nichols  
Date: March 24, 2017
Docket Number: 15-238

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of first-degree murder, one count of felony assault, and three counts of discharging a firearm during a crime of violence. The trial justice sentenced Defendant t...

Walsh v. Lend Lease (US) Construction  
Date: March 24, 2017
Docket Number: 16-82

Justia Opinion Summary: Lend Lease (US) Construction was the general contractor on a project, and Rossi Electric Company, Inc. was a subcontractor. An employee of Rossi’s subcontractor was injured while working on the project and filed a neglig...

Preservation Society of Newport County v. City Council of the City of Newport  
Date: March 15, 2017
Docket Number: 14-191

Justia Opinion Summary: The Preservation Society of Newport County and Newport Catering, Inc. (together, Petitioners) filed two applications for victualing licenses, proposing to sell pre-wrapped food prepared off-site, along with snacks and no...

Mancini v. City of Providence  
Date: March 8, 2017
Docket Number: 14-88

Justia Opinion Summary: This certified question concerned an action pending in federal court in which Plaintiff alleged that he was illegally denied a promotion in the Providence Police Department. At issue in this proceeding was Plaintiff’s co...

Faber v. McVay  
Date: March 8, 2017
Docket Number: 15-337

Justia Opinion Summary: Plaintiffs, Charles Faber and Karen Faber, filed suit against insurance agencies and related individuals, claiming insurance malpractice. Defendants moved for summary judgment on the basis that Plaintiffs’ claims were ba...

CACH, LLC v. Potter  
Date: March 3, 2017
Docket Number: 16-90

Justia Opinion Summary: Defendant was in debt under a credit card account that he opened and maintained with Bank of America, N.A. Bank of America assigned the right to collect the debt to CACH, LLC, and CACH filed a complaint seeking to recove...

Rohena v. City of Providence  
Date: March 2, 2017
Docket Number: 16-128

Justia Opinion Summary: Plaintiff Carmen Rohena, as parent and natural guardian of Josue Espinal, brought suit against Defendant, the City of Providence, to recover damages for injuries that Josue suffered while participating in a baseball game...

Ajax Construction Co. v. Liberty Mutual Insurance Co.  
Date: February 28, 2017
Docket Numbers: 14-55, 14-56, 14-58

Justia Opinion Summary: Mark Furia was injured while working for Ajax Construction Company. After Furia filed a petition against Ajax in the Workers’ Compensation Court, Ajax petitioned the Workers’ Compensation Court to determine which insurer...

State v. Muralles  
Date: February 28, 2017
Docket Number: 15-129

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of first-degree child molestation and two counts of second-degree child molestation. Defendant appealed, arguing that the trial justice erred in denying his mo...

Preston v. Zoning Board of Review of Town of Hopkinton  
Date: February 27, 2017
Docket Number: 14-127

Justia Opinion Summary: The Zoning Officer for the Town of Hopkinton issued a notice of violation to Todd and Tina Sposato for being in violation of the Hopkinton Zoning Ordinance by having four alpacas on their property, which was located in a...

State v. Moore  
Date: February 27, 2017
Docket Number: 15-57

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, conspiracy to commit murder, and using a firearm when committing a crime of violence. The Supreme Court affirmed, holding that the trial justice did not...

OSJ of Providence, LLC v. Diene  
Date: February 24, 2017
Docket Number: 16-14

Justia Opinion Summary: In 2012, Bayal Restaurant Inc. entered into a lease agreement with the predecessor in interest to plaintiff to rent certain commercial property. Aly Diene (Defendant), in consideration of the lease, executed a personal g...

Williams v. Alston  
Date: February 22, 2017
Docket Number: 16-155

Justia Opinion Summary: A two-vehicle collision resulted in one of the automobiles striking Plaintiff while she was standing at her post as a crossing guard. Plaintiff sustained severe bodily injuries from the accident. Plaintiff filed suit aga...

Paolino v. Ferreira  
Date: February 16, 2017
Docket Numbers: 14-334, 14-335

Justia Opinion Summary: Plaintiffs filed a complaint asserting that Defendants had caused contaminants to flow onto their property. Plaintiffs then filed amended complaints asserting claims for continuing trespass, public and private nuisance,...

In re Kyeshon J.  
Date: February 14, 2017
Docket Number: 15-230

Justia Opinion Summary: Sandra Armand and Gorvey Armand filed two adoption petitions so that Gorvey might become the legal father of Kai Jackson’s two sons, Kyeshon and Jarell. Jackson refused to consent to the adoptions. Thereafter, Petitioner...

In re Emilee K.  
Date: February 6, 2017
Docket Numbers: 14-139, 14-140

Justia Opinion Summary: After a trial, the family court justice concluded that Respondent abused and neglected his minor daughters. The family court justice entered a decree committing the children to the care, custody, and control of the Depar...

Corbin v. Corbin  
Date: January 31, 2017
Docket Number: 13-236

Justia Opinion Summary: Defendant Richard Beverley Corbin, III (Bev) appealed a Family Court order on two post-final-judgment motions filed by plaintiff, Anne duPont Corbin. Defendant contended that the trial justice erred when she determined t...

In re Malachii O.  
Date: January 31, 2017
Docket Number: 15-179

Justia Opinion Summary: In March 2012, the Department of Children, Youth, and Families (DCYF) received a tip of an alleged incident of domestic violence that occurred in Massachusetts between respondent John S. and Malachii’s mother, which also...

Bates-Bridgmon v. Heong’s Market, Inc.  
Date: January 24, 2017
Docket Number: 15-214

Justia Opinion Summary: After Deborah Bates-Bridgmon fell at Roch’s Market in West Warwick, Deborah and her husband, Jackie Bridgmon (together, Plaintiffs), filed suit against Defendant, Roch’s Market, for injuries Deborah sustained from her fa...

Nappa Construction Management, LLC v. Flynn  
Date: January 23, 2017
Docket Numbers: 15-211, 15-210

Justia Opinion Summary: In 2012, Nappa Construction Management, LLC (Nappa) and Caroline and Vincent Flynn (the Flynns) entered into a contract for a commercial construction project. Service Insurance Company, Inc. (Service Insurance) furnished...

High Steel Structures, Inc. v. Cardi Corp. v. State  
Date: January 20, 2017
Docket Number: 15-18

Justia Opinion Summary: Cardi Corporation contracted with the State to construct a portion of a highway construction project dealing with Interstate 195 in Rhode Island (I-Way Project). Cardi subcontracted with High Steel to supply steel for th...

DeCurtis v. Visconti, Boren & Campbell, Ltd.  
Date: January 20, 2017
Docket Number: 15-30

Justia Opinion Summary: In 2000, Husband retained Attorney to draft an antenuptial agreement in anticipation of his marriage to Wife. In 2005, Wife filed for divorce. The petition was dismissed in a settlement that required the parties to execu...

In re Kurt H.  
Date: January 18, 2017
Docket Number: 15-286

Justia Opinion Summary: Child came under the care of the State after an alleged alcohol relapse by Mother. At that time, Father was incarcerated. The Department of Children, Youth and Families (DCYF) filed a petition alleging that Child was neg...

Bellevue-Ochre Point Neighborhood Ass’n v. Preservation Society of Newport County  
Date: January 9, 2017
Docket Number: 15-241

Justia Opinion Summary: This case arose from the Preservation Society of Newport County’s (the Society) application for the construction of a Welcome Center near the entrance of a well-known Newport mansion. Bellevue-Ochre Point Neighborhood As...

State v. Ciresi  
Date: January 6, 2017
Docket Number: 14-324

Justia Opinion Summary: Defendant was convicted of several criminal counts, including burglary and conspiracy to commit burglary. The aggregate sentences for all of Defendant’s convictions totaled thirty-five years. Defendant subsequently moved...

In re Livia B.L.  
Date: January 6, 2017
Docket Number: 15-217

Justia Opinion Summary: In 2004, Livia was born to Marissa Levesque and Anthony Bucci. In 2013, Levesque and Derek Gray filed a petition for termination of Bucci’s parental rights and for the adoption of Livia by Gray. After a trial, the trial...

Duvere v. State  
Date: January 6, 2017
Docket Number: 15-225

Justia Opinion Summary: In 2009, Appellant entered a plea of nolo contendere to the offense of possession of between one to five kilograms of a controlled substance classified as marijuana, with knowledge and intent. In 2013, Appellant filed an...

Progressive Casualty Insurance Co. v. Dias  
Date: January 6, 2017
Docket Number: 15-307

Justia Opinion Summary: James Dias suffered serious injuries in a motorcycle accident. At the time of the accident, Dias and his wife (together, Defendants) were insured under two policies. One policy, which Progressive Northern Insurance Co. u...

A. Salvati Masonry Inc. v. Andreozzi  
Date: January 6, 2017
Docket Numbers: 16-39, 16-131

Justia Opinion Summary: This appeal stemmed from a dispute over the construction of a backyard patio at Defendant’s property. Defendants, the property owners, hired a general contractor, who contracted with Plaintiff for masonry work. Plaintiff...

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