Justia Rhode Island Supreme Court Opinion Summaries

The plaintiff, Willie Gray, filed a complaint for personal injuries sustained in a fire at a multifamily residential property in Providence on January 12, 2018. The property was allegedly owned by Dexter Jackson, whose negligence was claimed to have caused the fire. The City of Providence was also named as a defendant for being aware of several housing code violations at the property from January 2015 through January 2018. The plaintiff failed to provide adequate responses to the defendant's discovery requests, leading to a motion to compel and subsequent orders to produce more responsive answers.The Superior Court granted the defendant's motion to compel and later a motion to enter final judgment against the plaintiff due to non-compliance with discovery orders. The plaintiff did not object to these motions and failed to appear at the hearing for the renewed motion for entry of final judgment. The Superior Court denied the plaintiff's subsequent motion to vacate the order granting final judgment, citing a lack of objection and failure to comply with discovery requirements.The Rhode Island Supreme Court reviewed the case and affirmed the Superior Court's order. The Court found that the plaintiff had ample opportunity to comply with discovery obligations and failed to do so. The trial justice did not abuse his discretion or commit an error of law in denying the plaintiff's motion for relief. The appeal was considered interlocutory, but the Court proceeded to evaluate the merits due to the futility of remanding for default judgment against Jackson, who had not participated in the litigation. The order of the Superior Court was affirmed. View "Gray v. City of Providence" on Justia Law

The plaintiffs, Mill Road Realty Associates, LLC, Morris Maglioli, and William L. Ricci, Jr., d/b/a Wright’s Auto Parts, operated a junkyard in Foster, Rhode Island. They violated the conditions of their municipal license and continued operations despite a cease-and-desist letter from the Town’s zoning officer. Their municipal license expired, leading to the nonrenewal of their state license. Despite this, they continued operations without either license from 2018 to 2021. The Town issued another cease-and-desist letter in September 2021 and imposed a $100-per-day fine. The plaintiffs appealed to the zoning board of review, which denied their appeal. They then sought judicial review in Superior Court, alleging arbitrary, capricious, and tortious conduct by the defendants and seeking declaratory, injunctive, and monetary relief.The Superior Court dismissed the plaintiffs’ action under Rule 12(b)(1) for lack of subject-matter jurisdiction, citing the plaintiffs' failure to notify the attorney general of their constitutional claims as required by G.L. 1956 § 9-30-11. The trial justice dismissed the case sua sponte at the start of the hearing without allowing the parties to present evidence or argument on the issue of compliance with § 9-30-11.The Rhode Island Supreme Court reviewed the case and concluded that the trial justice erred by not providing the plaintiffs an opportunity to present evidence or argument on the issue of compliance with § 9-30-11 before dismissing the case. The Supreme Court vacated the order and judgment of the Superior Court and remanded the case for further proceedings, instructing the trial justice to allow the parties to present evidence on the issue of compliance with § 9-30-11 and the grounds for their initial motions. View "Mill Road Realty Associates, LLC v. Town of Foster" on Justia Law

The case involves a partition action concerning two properties in Charlestown, Rhode Island, owned by Peter Karasuk, Lee Karasuk Ingley, and Sandra Karasuk Puchalski as joint tenants with a right of survivorship. The properties were inherited from their mother’s estate in 2017. After failed negotiations to sell the properties to Puchalski, Karasuk and Ingley filed a partition action on May 3, 2021. Numerous continuances were granted due to Puchalski's complaints of hearing impairment. Despite accommodations, Puchalski expressed dissatisfaction and failed to appear at several hearings.The Superior Court dismissed Puchalski’s appeals, approved the commissioner’s petition for instructions, and quashed a statement she filed in the Town of Charlestown Land Evidence Records. Puchalski appealed these decisions. The Superior Court had granted plaintiffs' motion to sell the properties, appointed a commissioner, and issued a temporary restraining order against Puchalski. Puchalski failed to appear at critical hearings, leading to the dismissal of her appeals.The Rhode Island Supreme Court reviewed the case and found that Puchalski received adequate notice of the motions and hearings. The court determined that the orders appealed from were interlocutory and not subject to review under the exceptions to the final-judgment rule. The court affirmed the Superior Court’s decisions, including the dismissal of Puchalski’s appeals and the orders related to the partition and sale of the properties. The court emphasized that Puchalski’s continued attempts to delay the proceedings were unavailing and that the matter should proceed to finality. View "Karasuk v. Puchalski" on Justia Law

The plaintiff, Noah Gabriel, owns an undeveloped parcel of real estate in Narragansett, Rhode Island. The Coastal Resources Management Council (CRMC) received a notification of potential wetland violations on the property and investigated, finding that the property had been altered by clearing vegetation, applying fill soil, installing a culvert, and expanding a driveway. CRMC issued a cease-and-desist order and later an order to restore the property. Gabriel disputed CRMC's jurisdiction and filed a complaint in Washington County Superior Court, asserting that CRMC lacked jurisdiction and had committed various illegal actions.The Superior Court granted CRMC's motion for a temporary restraining order and preliminary injunction, ordering Gabriel to cease all activities on the property. Gabriel appealed, arguing that CRMC did not have the authority to enforce wetland regulations on his property and cited the Clean Water Act and the Supreme Court decision in Sackett v. Environmental Protection Agency.The Rhode Island Supreme Court reviewed the case and affirmed the Superior Court's order. The Court found that the hearing justice did not abuse her discretion in granting the preliminary injunction. The Court determined that CRMC had a reasonable likelihood of success on the merits, as there was evidence of wetland violations. The Court also found that CRMC would suffer irreparable harm without the injunction, as continued alterations to the property would harm the environment. The balance of equities favored CRMC, and the issuance of the injunction would preserve the status quo by protecting the wetland. View "Gabriel v. Willis" on Justia Law

The plaintiffs, Louis Paolino and Marie E. Issa, own property in Cumberland, Rhode Island, adjacent to a site operated as an automobile recycling business. The neighboring property, owned by J.F. Realty, LLC and operated by LKQ Route 16 Used Auto Parts, Inc., was found to be contaminated. The Department of Environmental Management (DEM) required remediation, leading the defendants, Commonwealth Engineers & Consulting, Inc., to design a stormwater remediation system. Plaintiffs alleged that this system discharged contaminated water onto their property and encroached on it.In prior litigation, the plaintiffs sued the Ferreira defendants in state court for trespass due to contamination. The case was removed to federal court, where federal claims were dismissed, and state claims were remanded. A jury found encroachment but awarded only nominal damages. The plaintiffs sought injunctive relief, which was partially granted. On appeal, the Rhode Island Supreme Court affirmed the denial of injunctive relief for the encroachment, deeming it de minimis, but ordered a new trial on other issues. In a subsequent trial, the jury found no continuing trespass. Plaintiffs also pursued a Clean Water Act claim in federal court, which was dismissed after a bench trial.The Rhode Island Supreme Court reviewed the Superior Court's grant of summary judgment in favor of Commonwealth. The court affirmed the judgment, holding that the issues in the current case were precluded by collateral estoppel. The court found that the issue of contamination had been litigated and decided in prior state and federal actions, and the encroachment was previously determined to be de minimis. Thus, the plaintiffs were barred from relitigating these issues. View "Paolino v. Commonwealth Engineers & Consulting, Inc." on Justia Law

The plaintiff, Gail M. McCormick, filed a personal injury lawsuit against Narragansett Improvement Company, Inc. (NICO) for injuries she sustained in a motorcycle accident on May 29, 2010. McCormick alleged that she lost control of her motorcycle due to unguarded manhole covers on a road in Cranston, Rhode Island, which NICO was contracted to repair. NICO failed to respond to the lawsuit, and a default judgment was entered against them on November 18, 2011. However, NICO later sought to vacate the default judgment, arguing that they had not begun repairs on the road until after the accident occurred.The Superior Court granted NICO's motion to vacate the default judgment. The case proceeded to a seven-day jury trial in March 2022, which resulted in a verdict in favor of NICO. McCormick subsequently filed a motion for a new trial, which was denied by the trial justice.McCormick appealed to the Supreme Court of Rhode Island, arguing that the Superior Court erred in vacating the default judgment and in denying her motion for a new trial. The Supreme Court found that the Superior Court had abused its discretion in vacating the default judgment without requiring NICO to provide evidence explaining their failure to respond to the lawsuit. The Supreme Court therefore vacated the judgment of the Superior Court and remanded the case for a hearing on the assessment of damages. View "McCormick v. Narragansett Improvement Company, Inc." on Justia Law

This case involves a dispute over the will of the late Donelson C. Glassie. The plaintiff, Marcia Sallum Glassie, is the testator’s former wife. She appealed from a Superior Court judgment in favor of the defendant, Paul Doucette, in his capacity as Executor of the Estate of Donelson C. Glassie. The Superior Court affirmed an order of the Newport Probate Court denying the plaintiff’s petition for leave to file a claim out of time against the estate. The denied claim would have alleged a breach of contract, based on the plaintiff’s contention that a key provision of the testator’s will violated the terms of the couple’s property-settlement agreement.The plaintiff and the testator were married in 1986, had three children, and were divorced in 1993. According to their property-settlement agreement (PSA), the testator was to execute a will that would not only treat his obligations under the PSA as “a claim against any assets in [his] [e]state” but also “specifically bequest to [plaintiff] an amount equal to said obligations.” A dispute soon unfolded over what the PSA required of the testator’s will.In 2017, the Supreme Court of Rhode Island vacated the Superior Court judgment on multiple grounds. Relevant to the present appeal, the court determined “that the disputed provision in the will is ambiguous” because it “does not clearly specify under what circumstances plaintiff is to receive the sum of $2,000,000 or the circumstances under which she is to receive such other amount necessary to satisfy all of [the testator’s] remaining obligations.” Because “a proper resolution of this matter require[d] factfinding and conclusions of law with respect to [the] testator’s intent,” the court remanded the case to the Superior Court.Back in Superior Court, the plaintiff sought to amend her complaint with a claim for breach of contract. The Superior Court denied plaintiff’s motion to amend her complaint, in part because she did not first submit the claim to the probate court, and also because the applicable statute of limitations had expired. The plaintiff thereafter filed a petition in the Newport Probate Court for leave to file a claim out of time and, after the court denied her petition, she appealed that denial to the Superior Court.The Supreme Court of Rhode Island affirmed the judgment of the Superior Court, concluding that the plaintiff’s failure to timely present her claim for breach of contract was not due to excusable neglect and, therefore, her claim must be denied. View "Glassie v. Doucette" on Justia Law

This case involves a medical negligence claim brought by John Armour, individually and as personal representative of the Estate of Judith Armour, against David Bader, M.D., Neil Brandon, M.D., and South County Hospital Healthcare System d.b.a. South County Cardiology. The plaintiff alleges that the defendants negligently failed to provide adequate follow-up and treatment to Judith Armour following a stress test, which ultimately led to her death from a heart attack the next day. The stress test results were "markedly abnormal" and indicated potential significant coronary artery disease, but Mrs. Armour was sent home after the staff determined she was medically stable.The case was tried in the Washington County Superior Court. The jury heard testimony from various witnesses, including the nurses, the defendant-doctors, Mrs. Armour’s family, and expert testimony from both sides regarding the applicable standard of care and causation. The jury returned a verdict in favor of the defendants on all counts. The plaintiff filed a motion for a new trial, arguing that the jury’s verdict was against the fair preponderance of the evidence and that the trial justice erred in several respects. The trial justice denied the motion, concluding that the overwhelming weight of the evidence supported the jury’s verdict.On appeal to the Supreme Court of Rhode Island, the plaintiff argued that the trial justice erred in refusing to issue a jury instruction based on a previous court decision, erred in permitting defendants’ standard-of-care expert to utilize the referring doctor’s records, and erred in limiting cross-examination of that expert regarding a particular study. The Supreme Court found that the trial justice's refusal to issue the requested jury instruction was prejudicial and constituted reversible error. The court also found that it was an error to allow the expert to use the referring physician’s records to support his opinions as defendants did not have access to this information when determining if Mrs. Armour was stable. Lastly, the court concluded it was an abuse of discretion to limit cross-examination on a point that went to the heart of the most important standard-of-care issue in the case. The judgment of the Superior Court was vacated and the case was remanded for a new trial. View "Armour v. Bader" on Justia Law

The case revolves around a major land development project proposed for multiple parcels of real estate in North Kingstown, Rhode Island. The project was approved by the North Kingstown Planning Commission in 2012. The North Kingstown Town Council amended the zoning ordinance to create a Compact Village District (CVD) zone, which included the developers' property. In 2017, the town council again amended the zoning ordinance for the town’s CVD zone, limiting commercial building coverage and providing a ratio of buildings on the property. The developers challenged the ordinance in federal court, alleging that their project had vested prior to the 2017 ordinance’s limitations. After mediation and settlement discussions, a proposed consent judgment was prepared. The town council approved the consent judgment and the planning commission approved the developers’ preliminary plan for the project.The North Kingstown Zoning Board of Review upheld the planning commission's decision, concluding that the consent judgment recognized the developers’ vested rights and that the project was not bound by the subsequent 2017 zoning amendments. Rickey Thompson, a property owner within 200 feet of the project, filed an action in the Superior Court seeking a declaratory judgment that the town council was not authorized to enter into the consent judgment and that the planning commission should not have relied upon the terms of the consent judgment to review the developers’ application for preliminary plan approval.The Superior Court granted the defendants' motion for summary judgment, finding that Thompson had made an improper collateral attack on the consent judgment, as a nonparty, and that the town had the authority to enter into the agreement. Thompson appealed this decision.The Supreme Court of Rhode Island affirmed the judgment of the Superior Court. The court found that Thompson, as a nonparty to the consent judgment, lacked the requisite standing to challenge the agreement and was thus barred from making a collateral attack on what is a valid, final judgment in federal court. The court also found that the town had the authority to enter into the agreement and the consent judgment did not illegally constrain the planning commission’s authority. The court rejected Thompson’s argument that the consent judgment illegally amended the town’s zoning ordinance. The court also found that Thompson's argument that the town and the developers engaged in contract zoning was not raised in Superior Court and was thus waived. View "Thompson v. Town of North Kingstown Zoning Board of Appeals" on Justia Law

The case involves Fuller Mill Realty, LLC (Fuller Mill) and the Rhode Island Department of Revenue Division of Taxation (the Division). Fuller Mill was part of the Rhode Island Historic Preservation Tax Credits Program, administered by the Division. Fuller Mill entered into an agreement with the Division in 2016 for a project. In 2018, the Division notified Fuller Mill that it had forfeited its rights to any historic tax credits for its project due to inactivity. After administrative proceedings and providing supplemental documentation, Fuller Mill's tax credits were reinstated. However, due to delays caused by the COVID-19 pandemic, the Division rescinded Fuller Mill's tax credits in 2020 for failing to complete the project by the agreed deadline. Fuller Mill requested an administrative hearing to challenge the rescission.The Division denied the request for a hearing, leading Fuller Mill to file an appeal in the District Court. The Division filed a motion to dismiss the appeal, arguing that Fuller Mill had waived its right to an administrative hearing and appeal in a stipulation of settlement and dismissal. The District Court denied the Division's motion to dismiss, leading the Division to file a petition for writ of certiorari, which was granted by the Supreme Court.The Supreme Court of Rhode Island found that the terms of the April 2021 stipulation were clear and unambiguous, stating that Fuller Mill had knowingly and voluntarily waived its right to an administrative hearing and to a District Court appeal. The court concluded that the hearing judge erred in denying the Division's motion to dismiss. The Supreme Court quashed the order of the District Court and remanded the case to the District Court with directions to dismiss the case. View "Fuller Mill Realty, LLC v. Department of Revenue" on Justia Law