Maslen v. Cicchelli

1 Citing case

  1. Candido v. University of Rhode Island

    880 A.2d 853 (R.I. 2005)   Cited 15 times

    The trial justice denied that motion, and Mr. Candido now appeals. On appeal, plaintiff argues that the trial justice was clearly wrong in denying his motion for a new trial because (according to plaintiff) the trial justice overlooked and misconstrued material evidence concerning the existence of a defect in the asphalt on the URI campus where plaintiff fell, its role in causing his injuries, and the widespread pedestrian use of that same area. The plaintiff also contends that the trial justice committed error when, in the course of denying the motion for a new trial, he relied upon this Court's decision in Maslen v. Cicchelli, 621 A.2d 183 (R.I. 1993) (mem.). The plaintiff argues in his brief that "the uncontradicted competent evidence showed that [plaintiff] had in fact tripped on a defect in the pavement that was connected to the roadway and that this was an area that was commonly traveled by students."