Verity Ex Rel. Verity v. Danti

OPINION

FAY, Chief Justice.

This matter is before the Supreme Court on appeal by the plaintiff from a Superior Court order granting the motion to dismiss of the defendant State of Rhode Island. The plaintiff appeals from the order, alleging that the trial justice misapplied the functional-analysis test inherent in the public duty doctrine and incorrectly determined that the state’s duty to maintain a sidewalk is discretionary rather than ministerial in nature. We are of the opinion that the public duty doctrine is not applicable in this case, and therefore, we vacate the judgment.

This matter…