Berman v. Sitrin

SUTTELL, C.J.,

with whom ROBINSON, J., joins, concurring in part and dissenting in part.

We concur with the majority’s conclusion that the Preservation Society of Newport did not owe a duty of care to the plaintiff in this case, and we join in the majority’s analysis relative thereto. We dissent, however, from Section III of the majority opinion, which holds that, in this case, the City of Newport will not be immune from suit pursuant to the Recreational Use Statute (RUS). While we certainly have genuine sympathy for the plaintiffs, we believe that the majority’s analysis in Section III cannot…