252 A.3d 259
R.I.2021Background
- On March 2, 2015, Mary Lowney slipped on ice on a public sidewalk adjacent to The Old Canteen at 120 Atwells Ave., Providence, and was injured.
- Plaintiff sued The Old Canteen, Inc. (occupant) and Canteen Realty, LLC (owner), alleging they had a duty to keep the abutting sidewalk and curb free of snow and ice under a municipal ordinance.
- Defendants had previously notified the City (2006) that a sloped, smooth granite piece there created a recurring winter hazard.
- Defendants acknowledged attempting to clear the sidewalk but moved for summary judgment arguing no legal duty to pedestrians for conditions on a public sidewalk.
- Plaintiff argued defendants’ snow-removal efforts produced an “unnatural accumulation” of ice, creating liability; she also emphasized defendants’ long-standing awareness of the hazard.
- The Superior Court granted summary judgment for defendants; plaintiff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an abutting landowner owes a duty to pedestrians to remove snow/ice on a public sidewalk | Lowney: municipal-ordinance duty and defendants’ awareness create individual duty | Defendants: abutting owner owes no duty to individual pedestrians; ordinance creates public duty only | No duty to plaintiff; abutting owner not liable |
| Whether voluntary snow removal that allegedly caused an "unnatural accumulation" creates a duty of care | Lowney: defendants’ partial/insufficient clearing made the sidewalk more dangerous, creating liability | Defendants: voluntary attempts do not give rise to a legal duty to passersby | Performing insufficient clearing does not create a duty; prior rulings foreclose liability |
| Whether summary judgment was premature for lack of discovery | Lowney: needed discovery to prove defendants’ efforts caused the hazardous accumulation | Defendants: plaintiff offered no Rule 56(f) affidavits or discovery requests; record lacks evidence of causation | Summary judgment not premature; plaintiff failed to produce competent evidence |
Key Cases Cited
- Martin v. Altman, 568 A.2d 1031 (R.I. 1990) (abutting owner owes no duty to individual pedestrians to remove snow/ice; ordinance creates duty to municipality at large)
- Therrien v. First National Stores, Inc., 6 A.2d 731 (R.I. 1939) (landowner's cleaning of a public sidewalk and leaving spots does not create a duty to passersby)
- Gillikin v. Metro Properties, Inc., 657 A.2d 1060 (R.I. 1995) (reiterating that voluntary but insufficient snow/ice removal by abutting owner does not give rise to duty)
- Ballard v. SVF Foundation, 181 A.3d 27 (R.I. 2018) (summary-judgment standard reviewed de novo; nonmoving party must present competent evidence of disputed material facts)
- Ouch v. Khea, 963 A.2d 630 (R.I. 2009) (elements of negligence: duty, breach, proximate causation, and damages)