Summary
The Rhode Island Supreme Court affirmed summary judgment for Robert and Linda Saint in a negligence action brought by Cathleen Curreri concerning mold-related damage to rented property and personal belongings. The Court held that the District Court settlement stipulation did not establish causation and was properly excluded, after which Curreri lacked evidence supporting the causation element of negligence.
Holdings
- The District Court stipulation did not establish that defendants caused the mold or the damage to Curreri's property, and its exclusion did not warrant reversal of the judgment.
- Summary judgment was proper because Curreri could not establish the causation element of her negligence claim without the excluded stipulation or other competent evidence.
Questions Presented
- Whether the Superior Court properly excluded the District Court settlement stipulation from evidence in the negligence action.
- Whether the Superior Court properly granted summary judgment for defendants when Curreri had no other evidence establishing causation.
Disposition
affirmed
Cases Cited (9)
- Sisto v. American Condominium Association, Inc., 68 A.3d 603, 611 (R.I. 2013)(followed)
- Zanni v. Voccola, 13 A.3d 1068, 1070-71 (R.I. 2011)(followed)
- Classic Entertainment & Sports, Inc. v. Pemberton, 988 A.2d 847, 849 (R.I. 2010)(followed)
- Gushlaw v. Milner, 42 A.3d 1245, 1251 (R.I. 2012)(followed)
- McGarry v. Pielech, 108 A.3d 998, 1005 (R.I. 2015)(followed)
- In re Michael A., 552 A.2d 368, 369-70 (R.I. 1989)(followed)
- Votolato v. Merandi, 747 A.2d 455, 461 (R.I. 2000)(followed)
- Medeiros v. Sitrin, 984 A.2d 620, 625 (R.I. 2009)(followed)
- Mills v. State Sales, Inc., 824 A.2d 461, 473 (R.I. 2003)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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