Supreme Court of Rhode Island

Virginia Sharkey v. George M. Prescott

May 16, 20112011 R.I. LEXIS 59

Summary

The Rhode Island Supreme Court held that the discovery‑rule exception applies to the plaintiff’s malpractice claim concerning the deed of the two lots, vacating the summary‑judgment ruling on that count, but found the discovery rule does not apply to the claim regarding access to the residuary trust, affirming summary judgment on that count and remanding for further proceedings. The court applied a de novo review of the summary‑judgment determinations and emphasized the need for genuine issues of material fact before granting such a drastic remedy.