Ann Marie Maguire v. City of Providence et al.

Summary

The Rhode Island Supreme Court affirmed summary judgment for Old Navy, LLC and BBRG Rhode Island Restaurants, Inc. in a personal injury action arising from the plaintiff’s fall on a public sidewalk. The Court held that abutting property owners or lessees owe no duty to maintain or warn about defects in a public sidewalk outside their control absent evidence that they created or caused the defect. The Court also upheld dismissal of the plaintiff’s disability-related claims because the defendants owed no legally recognized duty.

Holdings

1. A property owner or lessee whose property abuts a public sidewalk owes no duty to repair or maintain that sidewalk when the defendant did not create or cause the dangerous condition and the sidewalk is outside the defendant’s control or possession.
2. A property owner or lessee who owes no duty of care concerning an abutting public sidewalk also owes no duty to warn pedestrians about the sidewalk’s condition.
3. Summary judgment was proper because Maguire failed to produce competent evidence creating a genuine issue of material fact that Old Navy or Joe’s caused the sidewalk defect or otherwise owed her a duty.
4. Maguire’s disability claims against Old Navy and Joe’s failed because the defendants owed her no legally recognized duty to maintain or warn about the public sidewalk.

Questions Presented

1. Whether Old Navy and Joe’s owed Maguire a duty to maintain or repair the public sidewalk abutting their establishments.
2. Whether Old Navy and Joe’s owed Maguire a duty to warn of the sidewalk’s allegedly dangerous condition.
3. Whether summary judgment was proper on Maguire’s negligence claims where she produced no evidence that either defendant created or caused the sidewalk defect.
4. Whether Maguire’s state and federal disability claims could proceed against defendants who owed her no legally recognized duty concerning the sidewalk.

Disposition

affirmed