Yvon Georges v. State of Rhode Island

Syllabus

In this negligence action for personal injuries sustained when his vehicle struck a pothole, the plaintiff, Yvon Georges, appealed from the grant of summary judgment in favor of the defendant, the State of Rhode Island, on the ground that the public duty doctrine did not bar his claim. The Supreme Court began by addressing the plaintiff's contention that G.L. 1956 § 24-8-35 created a limited exception to the public duty doctrine. The Court held that this provision clearly and unambiguously limited the state's liability for damages caused by potholes to property damage and was not subject to an extended interpretation to include personal injuries. Next, the Court held that the plaintiff's claim against the state was barred by the public duty doctrine because the repair of potholes on a public road was precisely the type of discretionary governmental activity that is shielded from tort liability under the public duty doctrine. The Supreme Court also concluded that no exception to the public duty doctrine applied in this case. Accordingly, the Court affirmed the judgment of the Superior Court.