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Ramos v. Napolitano

Supreme Court of Rhode Island
Oct 18, 1993
633 A.2d 1361 (R.I. 1993)

Opinion

No. 92-0641-Appeal.

October 18, 1993.

Peter Gemma.

Richard Riendeau, Catherine Graziano.


ORDER

This matter was before the Supreme Court pursuant to an order directing the plaintiff to appear and show cause why the issues raised in this appeal should not be summarily decided. In this case the plaintiff has appealed from an order of the Superior Court dismissing her complaint. She had filed suit against the City of Providence for injuries suffered when she slipped and fell on a sidewalk. The basis of the dismissal was that her notice to the city required by G.L. 1956 (1991 Reenactment) § 45-15-9 was not adequate.

After reviewing the memoranda submitted by the parties and after hearing their counsel in oral argument, the court concludes that cause has not been shown.

The notice given to the city by the plaintiff did not indicate where the injury occurred. The plaintiff argued in the trial court and on appeal that her residence address was the site of the injury. Nothing in her notice informed the city of that fact. That omission was the basis of the trial court's dismissal.

We have held that the notice requirement set forth in § 45-15-9 is a condition precedent to the plaintiff's right of action. Hareld v. Napolitano, 615 A.2d 1015, 1016 (R.I. 1992) (citing Barroso v. Pepin, 106 R.I. 502, 506, 261 A.2d 277, 279 (1970)). It may not be waived. Batchelder v. White, 28 R.I. 466, 68 A. 320 (1907).

For these reasons, the plaintiff's appeal is denied and dismissed, the order appealed from is affirmed and the papers of the case are remanded to the Superior Court.

FAY, C.J., did not participate.


Summaries of

Ramos v. Napolitano

Supreme Court of Rhode Island
Oct 18, 1993
633 A.2d 1361 (R.I. 1993)
Case details for

Ramos v. Napolitano

Case Details

Full title:Consuelo RAMOS v. Stephen NAPOLITANO, in his capacity as Treasurer of the…

Court:Supreme Court of Rhode Island

Date published: Oct 18, 1993

Citations

633 A.2d 1361 (R.I. 1993)

Citing Cases

Moseley v. Fitzgerald

; Marshall v. City of Providence, 633 A.2d 1360, 1361 (R.I. 1993) (mem.); Ramos v. Napolitano, 633 A.2d 1361,…

Morales v. Napolitano

See also Mushnick v. Providence, 692 A.2d 700, 700 (R.I. 1997) (mem.); Ramos v. Napolitano, 633 A.2d 1361,…