D'AMICO v. Johnston Partners

I respectfully dissent from the decision of the majority and do so for two reasons. First, I would remand this case to the trial justice with directions to decide the motion for summary judgment based on the defendant’s assertion that, in performing design and engineering services for Johnston Partners, it owed no duty of care to the plaintiff, an adjacent property owner. That issue was before the trial justice and he should have addressed it. In light of today’s decision, the defendant’s motion for summary judgment based on the question of whether a duty of care was owed to the plaintiff by…