Pocahontas Cooley v. Paul Kelly, 160 A.3d 300

Cooley (plaintiff) lived with Kelly (defendant, owner) at a mobile-home property; she fell through a front stair on June 10, 2004 and alleged multiple injuries from the collapse.
Cooley filed suit in 2007 claiming negligent maintenance: the stair had rotted (insect damage) and was dangerous.
At deposition Cooley testified she had stepped on the same stair every time entering/leaving and never previously noticed anything wrong; she also walked down that same step earlier the evening it later collapsed.
Defendant moved for summary judgment asserting lack of actual or constructive notice of any long-standing defect; discovery was complete and photographs/affidavits Cooley referenced were not found in the record.
The Superior Court granted summary judgment for Kelly, concluding no evidence he knew or should have known of the defect and that res ipsa loquitur did not apply; the Supreme Court affirmed on de novo review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether owner had notice (actual or constructive) of defective stair	Cooley: stairs were rotten and photographs show defect; a reasonable inspection would have revealed need for repair	Kelly: no evidence defect existed long enough to give him actual or constructive notice; Cooley never observed problems	No notice shown; summary judgment proper for defendant
Whether res ipsa loquitur applies to infer negligence	Cooley: stair collapse under Kelly’s control and without her negligence supports inference of defendant’s negligence	Kelly: mere accident does not establish causation; plaintiff provided no competent evidence to support inference	Res ipsa inapplicable; plaintiff offered insufficient competent evidence to permit reasonable inference of negligence

Kurczy v. St. Joseph Veterans Ass'n, 820 A.2d 929 (R.I. 2003) (premises owners must exercise reasonable care and discover dangerous conditions by reasonable care)
Bromaghim v. Furney, 808 A.2d 615 (R.I. 2002) (latent-defect premises liability requires proof owner knew or should have known of condition that existed long enough to be discovered)
McLaughlin v. Moura, 754 A.2d 95 (R.I. 2000) (causal connection between negligence and injury must rest on competent evidence, not speculation)
Errico v. LaMountain, 713 A.2d 791 (R.I. 1998) (res ipsa loquitur may apply where evidence demonstrates visible deterioration supporting inference of negligence)
Pandozzi v. Providence Lodge No. 14, 496 A.2d 928 (R.I. 1985) (no evidence of owner knowledge of dangerous condition requires judgment for defendant)
Antonakos v. Providence Institution for Savings, 181 A.2d 101 (R.I. 1962) (mere existence of a dangerous condition is insufficient to charge an owner with negligence)
Montuori v. Narragansett Electric Co., 418 A.2d 5 (R.I. 1980) (lack of evidentiary support for negligence claim also defeats res ipsa loquitur)