Melick & Porter Successfully Defends a General Contractor in a Premises Liability Lawsuit

In Rhode Island Superior Court, John A. Caletri and René M. Pickett obtained summary judgment in favor of a general contractor who was sued for the negligent design of a Staples and parking lot.  The plaintiff tripped and fell on curbing in front of the Staples.  The plaintiff filed suit against Staples and the commercial landlord.  Thereafter, the plaintiff, Staples and the landlord filed claims against the general contractor for its role in the project which was completed in 1999.  The landlord also filed suit against the general contractor for contractual indemnity and a duty to procure insurance.  Melick & Porter filed for summary judgment on all tort claims on the basis of Rhode Island’s statue of repose which bars such claims against general contractors made more than ten years after substantial completion of the project.  We also filed for summary judgment on the landlord’s contractual claims on the basis that the landlord did not have standing to assert such claims.  The court ruled in the general contractor's favor on all claims.

 

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