Oliver v. Narragansett Bay Insurance Co.Annotate this Case
The Supreme Court vacated the judgment of the superior court granting summary judgment in favor of Defendant, NAMCO, LLC, the company that sold the swimming pool in which a four-year-old child drowned to the child's grandmother, holding that there existed issues of material fact precluding summary judgment.
Plaintiffs filed negligence claims alleging that Defendants negligently installed or allowed the safety ladder and pool to be installed without proper permitting and in violation of applicable ordinances, building codes and health regulations. NAMCO filed a motion for summary judgment, arguing that because NAMCO did not install the pool or ladder and because the entity that did the installation was not its agent, NAMCO had no duty to Plaintiffs regarding the installation of the pool. Further, NAMCO argued that Plaintiffs could not prove that its actions were the proximate cause of the child's death. The hearing justice granted summary judgment for NAMCO. The Supreme Court reversed, holding (1) a factual issue remained in dispute as to whether the installer acted as NAMCO's agent; and (2) the issue of whether NAMCO had a duty to vet the installers it recommended could not be resolved on summary judgment.