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Freitas v. Mello5/12/2003
61, 466 (R.I. 1996); Welsh Manufacturing, Division of Textron, Inc. v. Pinkerton's, Inc., 474 A.2d 436, 440-41 (R.I. 1984). Accordingly, summary judgment in this case was not appropriate because we cannot say as a matter of law that the defendants were not negligent in this instance.
In conclusion, we sustain the plaintiff's appeal. We vacate the judgment and remand the case to the Superior Court for trial on the merits.
Summary
The plaintiff, Christopher J. Freitas, appealed from a summary judgment entered in the Superior Court in favor of the defendants, the Town of Tiverton, Tiverton's Treasurer Nancy L. Mello, and two Tiverton police officers, Richard Medeiros and Timothy Panell. Officer Panell had offered undisputed deposition testimony that, after he arrested the plaintiff and handcuffed his wrists behind his back, the plaintiff fell forward while Panell was holding the plaintiff's left elbow with one arm while escorting him to the police station. Because it is possible to infer from the undisputed testimony that the plaintiff's injuries were the proximate result of the defendants' breach of the duty of reasonable care owed to the plaintiff, summary judgment was not properly granted.
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