Maria C. Rosa v. PJC of Rhode Island, Inc. formerly Rite Aid of Rhode Island, Inc. a/k/a Rite Aid Pharmacy a/k/a Rite Aid Corporation
Syllabus
The plaintiff, Maria Rosa, appealed from a March 10, 2020 judgment entered following a bench decision in Providence County Superior Court granting the motion for summary judgment filed by the defendant, Belltower Acquisitions, LLC (Belltower Acquisitions). Ms. Rosa argued on appeal that the Superior Court erred in granting Belltower Acquisitions's motion for summary judgment because, she contended, it had not fully complied with the certificate provision of G.L. 1956 § 34-36.1-3.01 and so was jointly and severally liable for the injuries which she allegedly sustained as a result of a slip and fall incident on a sidewalk adjacent to Belltower Acquisitions's property. The Supreme Court held that the Superior Court did not err when it concluded that the certificate requirement in § 34-36.1-3.01 was directory (and not mandatory) and when it consequently granted summary judgment to Belltower Acquisitions. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- regarding interaction of statutory registration requirement for persons adjudicated delinquent based on sex offenses with statutory provisions regarding confidentiality of juvenile records
- “When a new provision conflicts with a prior statute, the new provision, as the last expression of the Legislature, controls”
- in part quoting 2B Singer, Sutherland Statutory Construction §§ 51.02 at 121 (5th Ed.1992)
- when two statutory provisions conflict, more specific applies over general rule
- specific and recently enacted statutory provision over general statute
- new provision is more recent expression of Legislature’s intent
Source: CourtListener parenthetical corpus (CC0).
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