Palumbo v. Yeaw

OPINION

This matter came before a panel of. the Supreme Court on January 11, 1994, pursuant to an order requiring the parties to appear and to show cause why the plaintiffs appeal should not be summarily decided.

The plaintiff, David Palumbo (Palumbo), appeals from a Superior Court order granting the motion to dismiss of the defendant, the town of Coventry. This action arises out of a complaint, filed by Palumbo in April 1991, alleging negligence on behalf of the town for failure to repair, maintain, and inspect its public highway properly. In response to the complaint the town filed a motion…