Mason Associates P.C.
Counselors At Law

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 12-8-17         After injured party executed joint tortfeasor release which

                      released medical facility and "its agents, employees

                      representatives... and staff", later action brought against

                      medical facility's nurses was properly dismissed as nurses

                      were released by terms of joint tortfeasor release and 

                      Rhode Island joint tortfeasor statute. Hall v. Hornby

         

6-16-17          Rhode Island Supreme Court holds that, in view of public

                      policy to encourage the rescue of other in perilous situations,

                      motorist who exits her vehicle to provide reasonable assistance

                      assistance to victim at accident scene is

                      engaged in transaction essential to use of the

                      insured vehicle, and who is struck by impact of underinsured

                      vehicle at original accident  scene was "vehicle oriented"

                      and thus was entitled to underinsured motorist benefits.

                      Hudson v. Geico


5-24-17          In instance where party was injured when stepping onto a

                      wooden step which collapsed, summary judgment was

                      properly granted in favor of owner as no evidence was

                      introduced that the owner knew. or had reason to know, that

                      the step was defective. Cooley v. Kelley 

 

5-23-17          Where insured did not bring action against his homeowners'

                      insurer until almost four years after the date of loss,

                      dismissal of action was proper due to two year policy statute

                      of limitations and lack of evidence that insurer induced insured

                      not to file action earlier.  Chase v. Nationwide 

 

3-8-2017        Where insured did not review his insurance policies when

                      sent, summary judgment properly granted in favor of 

                      insurance agent on insurance malpractice lawsuit filed

                      beyond the applicable statute of limitations, since insured

                      could and or should have reasonably discovered the alleged

                      malpractice before the statute of limitations expired. 

                      Faber v. McVay

 

1-27-17         Jury verdict upheld in favor of store owner where injured person

                     slipped and fell near salad bar, in the absence of any evidence

                     that the store owner knew, or had reason to know, of the

                     existence of a foreign substance, notwithstanding the injured's

                     person's contention that it was reasonably foreseeable that

                     salad bar items had the potential to fall on the floor ,causing 

                     customers to fall. Bates-Bridgeman v. Roch's Market 

                    

 

 

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