Supreme Court of Rhode Island

Simcha Berman v. Laura Sitrin

April 20, 20102010 R.I. LEXIS 45

Summary

The Rhode Island Supreme Court affirmed summary judgment for the Preservation Society of Newport, finding it owed no duty of care to the plaintiffs, but vacated the city’s summary judgment, holding that the City of Newport had a duty to warn or guard against known dangerous conditions on the Cliff Walk under the Recreational Use Statute. The court remanded for trial on the city’s liability. Justice Suttell, joined by Robinson, concurred in part and dissented in part, disagreeing with the majority’s finding that the city is not immune under the statute.