Legal Opinion

Hopkins v. Afc-Holcroft

Superior Court of Rhode Island

Decided September 16, 2010No. C.A. No. PC 08-6456Published

1Opinion of the Court

DECISION

Before this Court is Kentile Floors, Inc.'s ("Defendant" or "Kentile") Motion for Summary Judgment based upon Rhode Island's Immunity from Liability for Constructors of Improvements to Real Property. G.L. 1956 § 9-1-29. Alan R. Sharp1 and Pearl Hopkins (collectively, "Plaintiffs") object to Defendant's Motion. Based on the foregoing, this Court finds that § 9-1-29 does not insulate Defendant, a manufacturer of a product containing a hazardous substance, from liability as a matter of law. Accordingly, Defendant's Motion is denied. Jurisdiction is pursuant to Super. R. Civ. P. 56 and…

2Cases cited19 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Tanner v. Town Council of Town of East GreenwichSupreme Court of Rhode Island · 2005
  3. Estate of Giuliano v. GiulianoSupreme Court of Rhode Island · 2008
  4. Industrial National Bank v. PelosoSupreme Court of Rhode Island · 1979
  5. Lennon v. MacGregorSupreme Court of Rhode Island · 1980

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