Desnoyers v. Rhode Island Elevator Co.

OPINION

FAY, Chief Justice.

This matter comes before the Supreme Court on an appeal by the plaintiffs, Marie Desnoyers and Paul Desnoyers p.p.a., from a Superior Court order granting the motion for summary judgment of the defendant, Rhode Island Elevator Company.

The facts relevant to this appeal are as follows. On September 9, 1981, Oliva J. Desnoyers (decedent), an employee of M. DeRobbio & Sons, Inc., was loading a freight elevator manufactured and installed by defendant when said elevator failed, his death resulting. On August 27, 1983, plaintiffs filed a complaint in Superior Court,…