Justia Rhode Island Supreme Court Opinion Summaries

Cardi Corporation contracted with the State to construct a portion of a highway construction project dealing with Interstate 195 in Rhode Island (I-Way Project). Cardi subcontracted with High Steel to supply steel for the project. Asserting that it was never paid for 182,873 pounds of temporary steel bracing, High Steel brought suit against Cardi. In response, Cardi filed a third-party action for breach of contract against the State. The superior court granted summary judgment in favor of the State on the third-party suit. The Supreme Court affirmed, holding that the contract was clear and unambiguous and did not require payment for temporary bracing steel. View "High Steel Structures, Inc. v. Cardi Corp. v. State" on Justia Law

In 2000, Husband retained Attorney to draft an antenuptial agreement in anticipation of his marriage to Wife. In 2005, Wife filed for divorce. The petition was dismissed in a settlement that required the parties to execute a postnuptial agreement. Attorney drafted the agreement. In 2010, Wife again filed for divorce. Husband and Wife settled. In 2012, Husband filed suit against Attorney and his Law Firm (collectively, Defendants), alleging that Attorney negligently drafted the antenuptial and postnuptial agreements and negligently advised him. At issue in this appeal was a discovery order compelling production of any antenuptial or postnuptial agreements drafted or prepared by Attorney while he was employed at Law Firm. Defendants argued before the Supreme Court that the documents exceeded the scope of permissible discovery and were protected by the attorney-client privilege. The Supreme Court affirmed the discovery order, holding (1) the documents at issue were discoverable; and (2) Defendants did not have standing to assert the attorney-client privilege on behalf of their clients in this case, and the superior court protected the confidential interests contained in the documents by requiring redaction. View "DeCurtis v. Visconti, Boren & Campbell, Ltd." on Justia Law

Child came under the care of the State after an alleged alcohol relapse by Mother. At that time, Father was incarcerated. The Department of Children, Youth and Families (DCYF) filed a petition alleging that Child was neglected. As to Father, the trial justice found by clear and convincing evidence that Father was unable to care for Child due to his confinement and that Father neglected Child by failing to provide Child with a minimum degree of care, supervision or guardianship and without proper parental care and supervision. The family court then ordered Child committed to the custody of DCYF. The Supreme Court affirmed, holding that legally competent evidence existed to support the trial justice’s finding that Child had been neglected by Father. View "In re Kurt H." on Justia Law

This case arose from the Preservation Society of Newport County’s (the Society) application for the construction of a Welcome Center near the entrance of a well-known Newport mansion. Bellevue-Ochre Point Neighborhood Association (BOPNA) initiated a declaratory judgment action seeking various declarations that the Welcome Center was prohibited under the City of Newport Zoning Ordinance. The Society filed a motion to dismiss. The hearing justice granted the motion, concluding that the issues presented in the complaint were within the jurisdiction of Newport zoning officials to determine and were inappropriate for a declaratory judgment action. The Supreme Court affirmed, holding that the hearing justice correctly determined that the issues raised in BOPNA’s complaint were within the zoning board’s authority and jurisdiction and were therefore inappropriate for resolution in an action seeking declaratory judgment. View "Bellevue-Ochre Point Neighborhood Ass’n v. Preservation Society of Newport County" on Justia Law

Defendant was convicted of several criminal counts, including burglary and conspiracy to commit burglary. The aggregate sentences for all of Defendant’s convictions totaled thirty-five years. Defendant subsequently moved to reduce his sentence pursuant to Rule 35 of the Superior Court Rules of Criminal Procedure, arguing, inter alia, that he accepted responsibility for his actions and that his sentence violated the Eighth Amendment. The hearing justice denied Defendant’s motion to reduce sentence. On appeal, Defendant argued that his violated the Sixth Amendment and the Eighth Amendment. The Supreme Court affirmed, holding (1) the hearing justice was within his discretion to confirm Defendant’s punishment; (2) Defendant’s constitutional challenges were not cognizable in the context of a motion to correct an illegal sentence under Rule 35; and (3) even if Defendant could raise constitutional challenges under Rule 35, his arguments lacked merit. View "State v. Ciresi" on Justia Law

James Dias suffered serious injuries in a motorcycle accident. At the time of the accident, Dias and his wife (together, Defendants) were insured under two policies. One policy, which Progressive Northern Insurance Co. underwrote, covered the motorcycle that Defendant was operating when he was injured, and the second policy, underwritten by Progressive Casualty Insurance Co. (Plaintiff), covered Defendants’ automobiles. Dias sought to recover underinsured-motorist benefits from Progressive Casualty, asserting that he was entitled to those benefits under R.I. Gen. Laws 27-7-2.1(i). Plaintiff denied coverage and then filed a declaratory judgment action requesting that the superior court declare that section 27-7-2.1(i) is not applicable because Progressive Northern is a separate and distinct corporation and business entity from Progressive Casualty and, therefore, Plaintiff may disclaim coverage with respect to Dias’ claim. The hearing justice granted summary judgment for Plaintiff. The Supreme Court affirmed, holding that, with regard to section 27-7-2.1(i), Plaintiff and Progressive Northern are separate and distinct entities, each of which is also distinct from its common sole shareholder, The Progressive Corporation. View "Progressive Casualty Insurance Co. v. Dias" on Justia Law

In 2009, Appellant entered a plea of nolo contendere to the offense of possession of between one to five kilograms of a controlled substance classified as marijuana, with knowledge and intent. In 2013, Appellant filed an application for postconviction relief seeking to vacate his 2009 nolo contendere plea, arguing that he neither knew nor understood the charges against him because a Haitian-Creole interpreter was not provided at his plea colloquy and that his trial counsel provided ineffective assistance. The hearing justice denied the postconviction-relief application. The Supreme Court affirmed, holding that the hearing justice did not err in finding that Appellant understood the plea colloquy. View "Duvere v. State" on Justia Law

This appeal stemmed from a dispute over the construction of a backyard patio at Defendant’s property. Defendants, the property owners, hired a general contractor, who contracted with Plaintiff for masonry work. Plaintiff filed suit, asserting that Defendants owed it money beyond that paid to it by the general contractor. At issue during the bench trial was whether Plaintiff was paid to construct Defendants’ backyard patio. The trial justice ultimately entered judgment for Defendants. Plaintiff appealed, arguing that the trial justice erred in his factual determinations and credibility assessments. The Supreme Court affirmed, holding that the trial justice neither overlooked nor misconceived material evidence. View "A. Salvati Masonry Inc. v. Andreozzi" on Justia Law

In 2004, Livia was born to Marissa Levesque and Anthony Bucci. In 2013, Levesque and Derek Gray filed a petition for termination of Bucci’s parental rights and for the adoption of Livia by Gray. After a trial, the trial justice (1) terminated Bucci’s parental rights, deeming Bucci unfit based on abandonment grounds; and (2) granted Gray’s petition for adoption, finding it in Livia’s best interests. The Supreme Court affirmed, holding that the trial justice’s determination that Bucci abandoned Livia rested on sufficient factual findings and credibility determinations, which were supported by legally competent evidence. View "In re Livia B.L." on Justia Law

Husband filed a complaint for divorce, citing irreconcilable differences. Wife counterclaimed for sole custody of the parties’ two minor children, alimony, child support, and equitable distribution of the marital assets. After a trial, the trial justice dissolved the parties’ marriage, awarded the parties joint custody of their children, granted Wife physical placement of both children, ordered Husband to pay child support, and partitioned the marital assets. The Supreme Court (1) vacated the decree in regard to the issue of child support, holding that the trial justice failed to consider the child-support guidelines when determining the amount of child support; and (2) affirmed the final decree in all other respects. Remanded. View "Vieira v. Hussein-Vieira" on Justia Law