On Appeal

The AP&S Appellate Law Blog


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)).

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.

Back to Top