Loretta A. Provost et al. v. Dennis Finlay, as Treasurer of the Town of Smithfield

Summary

The Rhode Island Supreme Court affirmed dismissal of a personal-injury complaint arising from a fall into a manhole because the plaintiff failed to provide the municipality with timely notice under Rhode Island General Laws § 45-15-9. The court held that the statutory notice requirement is a jurisdictional condition precedent that cannot be waived, distinguishing cases involving other municipal presentment requirements.

Holdings

1. The town did not waive its defense of untimely notice by waiting nearly three years to move for dismissal because it pleaded the defense in its answer, and the notice requirement under § 45-15-9 cannot be waived voluntarily or involuntarily.
2. Failure to provide timely notice under § 45-15-9(a) requires dismissal because the notice is a jurisdictional condition precedent to bringing suit against the municipality.
3. The dismissal was not required to be without prejudice under the savings-statute reasoning of Blessing because Blessing involved a different statutory presentment requirement under § 45-15-5; the untimely notice under § 45-15-9 was jurisdictional and required dismissal.

Questions Presented

1. Whether the town waived its defense of untimely notice under Rhode Island General Laws § 45-15-9(a) by waiting nearly three years to move for dismissal when the defense had been asserted in its answer.
2. Whether dismissal for failure to provide timely notice under § 45-15-9(a) should have been without prejudice to permit refiling.

Disposition

affirmed