Souza v. Erie Strayer Co.

OPINION

FAY, Chief Justice.

This case comes before the Supreme Court pursuant to our grant of a writ of certiorari. The defendant, B.T. Equipment Company (B.T. Equipment), seeks review of a Superior Court judgment denying its motion for summary judgment. We affirm the trial justice’s decision to deny summary judgment. However, we reverse his finding of due diligence and remand the case for a full determination of this factual issue.

Initially we shall discuss our standard of review following the denial of a motion for summary judgment. Normally we would not review an order denying a motion for…