Supreme Court of Rhode Island
Simcha Berman v. Laura Sitrin
April 20, 20102010 R.I. LEXIS 45
Summary
The Supreme Court of Rhode Island held that the Preservation Society of Newport owed no duty of care to the plaintiff, affirming the majority’s view, but Chief Justice Suttell dissented from the majority’s conclusion that the City of Newport is not immune from suit under the Recreational Use Statute. The opinion emphasizes the statutory language and settled case law that limit landowner liability to willful or malicious conduct after a trespasser is discovered in peril.