Yattaw v. City of East ProvidenceAnnotate this Case
In this personal injury suit seeking damages for injures alleged to be caused by defects in a public park, the Supreme Court affirmed the judgment of the superior court granting summary judgment in favor of the City of East Providence, holding that the City was immune from liability under the Recreational Use Statute, R.I. Gen. Laws chapter 6 of title 32 (RUS).
Plaintiff was injured while riding his bicycle through Glenlon Park, located in East Providence. Plaintiff brought this action claiming that Defendant was negligent in maintaining the park. Defendants moved for summary judgment, arguing that the City was immune from liability under the RUS because the park was open to the public for recreational purposes and the City did not act in a willful or malicious manner in failing to guard or warn against a known danger. The superior court granted summary judgment for the City. The Supreme Court affirmed, holding (1) the City was immune from liability under the RUS; (2) the spoliation doctrine did not apply to the circumstances presented in this case; and (3) the superior court did not err in refusing to apply the exception to the RUS, R.I. Gen. Laws 32-6-5(a)(1), to Plaintiff's claim.