While negligence cases are usually inappropriate for summary judgment, “a court may resolve the duty element without a trier of fact because ‘the existence of a duty is nonetheless a question of law.’” Woodruff v. Gitlow, No. 2012-67-M.P. at 8 (citing Wyso v. Full Moon Tide, LLC, 78 A.3d 747, 750 (R.I. 2013)).
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Posted In: Trial Tagged In: Rhode Island Superior Court Practice, Rhode Island Supreme Court, Summary Judgment
About The Author
Nicole J. Benjamin
I am a shareholder and business litigator at AP&S. I help businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.
