Supreme Court of Rhode Island, 1994

Tantimonico v. Allendale Mutual Insurance

Tantimonico v. Allendale Mutual Insurance
Supreme Court of Rhode Island · Decided April 22, 1994
642 A.2d 1169; 1994 R.I. LEXIS 146; 1994 WL 171753 (Atlantic Reporter, Second Series)

Tantimonico v. Allendale Mutual Insurance

Opinion of the Court

ORDER

This matter came before the court on the petitions of plaintiffs Guy Tantimonico and John McPhillips, Jr. for reargument. Pursuant to these petitions, we take this opportunity to reemphasize that this court was of the opinion that defendant owed no legal duty to the plaintiffs under either the holding in Mariorenzi v. DiPonte, Inc., 114 R.I. 294, 333 A.2d 127 (1975) or under the common law rule regarding the landowner’s obligation to trespassers. There is in this case no evidence of any wanton or willful conduct on the part of the defendant.

Accordingly, the petitions for reargument are denied.

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