Berman v. Sitrin

DECISION

Defendant State of Rhode Island has requested this Court, pursuant to Superior Court Rule of Civil Procedure 60(b), to reconsider its decision of December 7, 2007, which denied the State's cross-motion for summary judgment. In that decision, this Court held that a genuine issue of material fact existed regarding whether the State's relationship to the Cliff Walk deemed it an "owner" pursuant to the Recreational Use Statute, G.L. 1956 § 32-6-2(3), thereby shielding it from liability for Plaintiff Simcha Berman's injuries.

Defendant State of Rhode Island's Argument

The Defendant State of…