56 A.3d 442
R.I.2012Background
- Plaintiff Maria Carbone alleges personal injuries from a hole in a sidewalk/street in Lincoln-Manville, RI, stemming from a March 31, 2008 incident.
- Plaintiff filed a claim on April 3, 2008 describing the location as a sidewalk/street outside Coventry Credit Union at Railroad and Summer Streets.
- Plaintiff later sent an April 11, 2008 notice, via a different attorney, stating injury occurred in a hole on Winter Street parallel to Railroad Street.
- Defendants moved for summary judgment arguing the notice of injury failed to describe the location with sufficient specificity under §45-15-9.
- The Superior Court granted summary judgment, rejecting plaintiff’s argument that the second notice cured the first and that the town had actual notice; plaintiff appealed.
- This Court affirms the summary judgment and remands for further proceedings consistent with its decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the second notice a timely cure of the first notice under §45-15-9? | Carbone contends the April 11 notice cures the April 3 notice. | Ward argues no cure; second notice misdescribed the location. | No; cure not sufficient; strict compliance required. |
| Did the notices describe the injury location in a reasonably sufficient manner? | Second notice identified Winter Street parallel to Railroad Street. | Description excludes actual area; not reasonably sufficient. | Not reasonably sufficient; notice invalid. |
Key Cases Cited
- Moseley v. Fitzgerald, 773 A.2d 254 (R.I. 2001) (strict compliance; notice a condition precedent to suit)
- Prout v. City of Providence, 996 A.2d 1139 (R.I. 2010) (amendment within sixty-day period; cure not automatic)
- Lahaye v. City of Providence, 640 A.2d 978 (R.I. 1994) (notice must describe setting in reasonably sufficient manner)
- Mushnick v. City of Providence, 692 A.2d 700 (R.I. 1997) (general statement of location not compliant)
- Prout v. City of Providence, 996 A.2d 1139 (R.I. 2010) (strict notice requirements; cannot be waived)
- Barroso v. Pepin, 261 A.2d 277 (R.I. 1970) (statutory notice prerequisites for municipal liability)
- Marshall v. City of Providence, 633 A.2d 1360 (R.I. 1993) (notice requirement is a condition precedent)