Carmen Rohena as Parent and Natural Guardian of Josue Espinal v. City of Providence

Citations

• 154 A.3d 935
• 2017 WL 830942
• 2017 R.I. LEXIS 29

Syllabus

The plaintiff, Carmen Rohena (plaintiff), as parent and natural guardian of Josue Espinal (Josue), appealed from a grant of summary judgment in favor of the defendant, the City of Providence (the city or defendant), on the basis that the city was not immune from liability under Rhode Island's Recreational Use Statute. The plaintiff argued that the city was put on notice that the conditions of the public park owned by the city were dangerous and that the city failed to guard or warn against those known dangerous conditions. The Supreme Court held that it was precluded from hearing this argument under the well settled \raise-or-waive\ rule, because the argument was not raised in the Superior Court. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.