Belmore v. Petterutti
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The Supreme Court vacated the judgment of the superior court granting summary judgment in favor of Defendant in this personal injury case, holding that, contrary to precedent, the hearing justice passed upon an issue that is ordinarily inappropriate for summary judgment.
In her complaint, Plaintiff alleged that she slipped and fell on the cement steps leading to the front entrance of Defendant's house and that the absence of handrails was a contributing factor to Plaintiff's fall. The hearing justice, with little explanation, granted summary judgment for Defendant on the grounds that Plaintiff could not indicate the cause of her fall or show that there was proximate cause from the act of Defendant to cause the fall. The Supreme Court vacated the judgment because the hearing justice chose to predicate his grant of summary judgment on his determination that there was no showing of proximate cause, and proximate cause is a question of fact that should not be decided by summary judgment.
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