Cancel v. City of ProvidenceAnnotate this Case
The Supreme Court affirmed the judgment of the superior court entering summary judgment in favor of Defendants, the City of Providence and various City officials, on Plaintiff’s complaint alleging, among other things, that Ira Lukens suffered serious injuries as a result of the City’s negligence in maintaining Roger Williams Park.
On appeal, Plaintiff asserted that there remained genuine issues of material fact whether the City knew of the dangerous condition of a pothole on a park street and whether it “willfully and/or maliciously failed to warn against it,” which would strip the City of the protection against liability afforded under Rhode Islan d’s Recreational Use Statute (RUS). The Supreme Court held (1) immunity under the RUS clearly applied to the City; and (2) the exception provided in R.I. Gen. Stat. 32-6-5(a)(1) did not apply because there was no evidence that the City had actual knowledge of the pothole or had received complaints regarding the condition of the roadway.