Summary
The Rhode Island Supreme Court reviews summary judgments arising from a plaintiff's injury after falling over a utility-pole guy wire near a school and playground. The court affirms summary judgment for the City of East Providence because the plaintiffs failed to provide the statutory notice required by Rhode Island General Laws § 45-15-9. It vacates summary judgment for New England Telephone and Telegraph Company, holding that the company's joint ownership and control of the utility pole could support a duty to address or warn about the dangerous condition.
Topics
Practice areas
Questions Presented
- Whether Verizon owed plaintiffs a duty of care because it jointly owned and controlled the utility pole to which the allegedly dangerous guy wire was attached.
- Whether plaintiffs' failure to provide the City with statutory notice within sixty days barred their sidewalk-injury claim under Rhode Island General Laws § 45-15-9.
- Whether the Superior Court properly entered summary judgment for the City and Verizon.
Holdings
- Verizon's joint ownership and control of the utility pole imposed a duty equal to Narragansett Electric's duty to ensure that the pole and attached guy wire were safe and free from dangerous conditions, and to correct or warn of such a condition.
- Plaintiffs' failure to provide notice of the time, place, and cause of their sidewalk injury within sixty days, as required by G.L. 1956 § 45-15-9, was fatal to their claim against the City.
Key quotations
“With dual ownership and control comes dual responsibility.” (258)
“In the instant case, plaintiffs' failure to satisfy the statutory condition precedent of serving notice of the injury upon the city is fatal to their claim.” (259)
Factual background
On December 8, 1995, Melissa Moseley suffered a serious head injury when she allegedly fell after encountering an unprotected guy wire supporting a utility pole near a sidewalk, elementary school, and public playground in East Providence. The utility pole was jointly owned by Verizon and Narragansett Electric, while the evidence showed that Verizon exercised joint control over the pole and commonly notified Narragansett Electric of guy-wire problems. Plaintiffs alleged that the City and the utility companies negligently created, maintained, or failed to warn of the dangerous condition.
Procedural history
Plaintiffs filed separate actions against the City, Verizon, and Narragansett Electric, which were consolidated in the Superior Court. The Superior Court entered Rule 54(b) summary judgment for the City after determining from the pleadings that no duty was shown, and later entered summary judgment for Verizon on the ground that Verizon did not own or maintain the guy wire. The Rhode Island Supreme Court affirmed the judgment for the City, vacated the judgment for Verizon, and remanded for further proceedings.
Remand instructions
The judgment in favor of the City was affirmed. The judgment in favor of Verizon was vacated, and the papers were remanded to the Superior Court for further proceedings consistent with the decision.