Benoit v. Bradley

This is an appeal by plaintiffs Maurice and Ronald Benoit, father and son, from a Superior Court judgment dismissing plaintiffs’ claims in a case in which damages were sought for personal injuries and medical expenses incurred by Ronald Benoit (Ronald) when Ronald fell from his mini-cycle after striking a pit dug by the defendant. The plaintiffs sought recovery on the alternative theories of negligence and intentional tort.

On May 16,1973, Ronald was riding a mini-cycle along an abandoned railroad right-of-way in Cumberland, Rhode Island. This railroad path was a favorite riding location for…