Yvon Georges v. State of Rhode Island et al.

Summary

The Rhode Island Supreme Court affirmed summary judgment for the State of Rhode Island in a negligence action arising from injuries allegedly caused by a pothole on a state roadway. The court held that the public duty doctrine barred the plaintiff’s personal-injury claim because pothole repair is a discretionary governmental function not ordinarily performed by private individuals. The court also held that Rhode General Laws § 24-8-35 provides a limited remedy for motor-vehicle damage and does not authorize recovery for personal injuries.

Holdings

1. Section 24-8-35 is a limited waiver of sovereign immunity and limited abrogation of the public duty doctrine that permits recovery only for damage to a motor vehicle, up to $300; it does not extend to personal-injury claims.
2. The public duty doctrine bars the plaintiff's negligence claim against the state for failure to repair a pothole on a public roadway because roadway maintenance, including pothole repair, is a discretionary governmental function shielded from tort liability.
3. The private-citizen exception does not apply because private individuals do not build, repair, or maintain public roads; pothole repair on a state roadway is not an activity normally performed by private citizens.

Questions Presented

1. Whether G.L. 1956 § 24-8-35 creates an exception to the public duty doctrine that permits recovery for personal injuries caused by a pothole on a state roadway.
2. Whether the public duty doctrine bars a negligence claim against the state for failing to repair a pothole on a public roadway.
3. Whether the exception for activities normally performed by private citizens applies to pothole repair on a state roadway.
4. Whether summary judgment was properly granted to the State of Rhode Island.

Disposition

affirmed