Mangiarelli v. Town of Johnston
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In this slip-and-fall case, the Supreme Court affirmed the judgment of the superior court denying Plaintiff's motion for a new trial following a jury verdict in favor of Defendants, holding that the trial justice did not err in denying the motion.
Plaintiff sued the Town of Johnson and some of its officials, alleging that Defendants were negligent in maintaining the premises of the Johnston Town Hall in a safe condition by failing to warn invitees, such as himself, of a "dangerous condition" - namely, curbing that lacked any yellow highlighting or warning. The jury returned a verdict for Defendants. Plaintiff filed a motion for a new trial, which the trial justice denied. The Supreme Court affirmed, holding that the trial justice (1) did not err in instructing the jury as to the element of duty; (2) Defendant waived his second claim of instructional error; and (3) the trial justice did not err by concluding that expert testimony was required to establish that the angle of the curb constituted a dangerous condition.
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