Stephen F. Limoges v. Nalco Company

Citations

• 157 A.3d 567
• 2017 WL 1230153
• 2017 R.I. LEXIS 42

Syllabus

This case arose out of a chemical leak that, according to Stephen Limoges, one of the plaintiffs, caused him to suffer respiratory injuries. The plaintiffs brought suit against three defendants and then appealed the Superior Court's grant of summary judgment in favor of one of the defendants, Arden Engineering Constructors, LLC. Before the Supreme Court, the plaintiffs argued that the hearing justice erred because he made an improper credibility assessment about the affidavit of their expert and because he overlooked material issues of fact that were in dispute. The Supreme Court held that summary judgment was inappropriately granted because the plaintiffs' expert's affidavit was, for the purpose of summary judgment, sufficient to establish a standard of care and a breach thereof. Accordingly, the Supreme Court vacated the Superior Court's judgment because issues of material fact remained in dispute.