John Sauro v. James Lombardi, in his capacity as Treasurer of the City of Providence

Citations

• 178 A.3d 297

Syllabus

The defendant, city of Providence (defendant or the city), is before the Supreme Court on appeal from the entry of summary judgment in favor of plaintiff, John Sauro (Sauro or plaintiff). The plaintiff suffered an injury to his right shoulder while performing his duties with the Providence Fire Department. Due to this injury, plaintiff was unable to return to work and was given an accidental disability pension by the city. After undergoing an independent medical examination, it was determined that plaintiff had recovered from the work-related injury, but could not resume service with the fire department due to unrelated physical and psychological illnesses. As a result, the city terminated plaintiff's accidental disability pension benefits. The plaintiff sought declaratory relief in the Superior Court, asking the trial justice to interpret section 17-189(8)(a) of the pension ordinance in plaintiff's favor. At the hearing, the trial justice interpreted the ordinance in plaintiff's favor and ordered the city to place plaintiff on a waiting list, as contemplated by § 17-189(8)(a), to return to service and to continue to pay plaintiff's accidental disability pension. The Supreme Court addressed the arguments of both parties and concluded that, based on plaintiff's extensive unrelated physical and psychological illnesses, he was neither \qualified\ nor \prepared\ to resume service in the fire department, as §17-189(8)(a) plainly requires, and therefore should not be placed on a waiting list or continue to receive an accidental disability pension. Accordingly, the Supreme Court vacated the judgment of the Superior Court.