D'Amario v. Hines

OPINION

This matter came before the Supreme Court on February 7, 1995, pursuant to an order assigning it to the show-cause calendar. In this case the plaintiff has appealed from an order of the Superior Court granting in part the defendant’s motion to dismiss. Also before the court is the defendant’s petition for issuance of a writ of certiorari to review the trial justice’s denial of his motion to dismiss counts 3 and 4 of the plaintiffs complaint. These matters were ordered consolidated for oral argument.

After reviewing the memoranda submitted by the parties and after hearing them in oral…