Walsh v. Gowing

OPINION

SHEA, Justice.

This matter is before us on the defendant’s petition for writ of certiorari. The defendant seeks review of the Superior Court’s grant of the plaintiff’s motion to strike the defendant’s affirmative defense asserted under G.L.1956 (1969 Reenactment) § 9-1-29, as enacted by P.L.1975, ch. 119, § 1. We subsequently granted the plaintiff’s motion to expand the issues considered in this petition to include the issue of the constitutionality of § 9-1-29. The issues thus presented for our review are (1) whether a bridge is an “improvement to real property” for the purposes of §…