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WALSH v. GOWING

No. 82-358-M.P.

494 A.2d 543 (1985)

Eveline WALSH v. Richard GOWING et al.

Supreme Court of Rhode Island.

Reargument Denied August 2, 1985.

Attorney(s) appearing for the Case

Kathleen Managhan, Corcoran, Peckham & Hayes, P.C., Newport, for plaintiff.

Mark S. Mandell, Susan M. Carlin, Mandell, Goodman, Famiglietti & Schwartz, Ltd., Providence, amicus curiae, for plaintiff.

John F. Dolan, Rice, Dolan, Kiernan & Kershaw, Providence, for Parson Brinckerhoff Quade & Douglas, Inc.

Joseph A. Kelly, Carroll Kelly & Murphy, Providence, for Richard Gowing.

Arlene Violet, Atty. Gen., Shelia Tobie Swan, Sp. Asst. Atty. Gen., for the State of R.I.

William J. Sheehan, Peter L. Kennedy, John Tarantino, Adler Pollack & Sheehan, Providence, amicus curiae on behalf of the Construction Industry Coalition.

George Vetter, Vetter & White, Inc., amicus curiae on behalf of the R.I. Bar Assoc.

OPINION

SHEA, Justice.

This matter is before us on the defendant's petition for writ of certiorari. The defendant seeks review of the Superior Court's grant of the plaintiff's motion to strike the defendant's affirmative defense asserted under G.L. 1956 (1969 Reenactment) § 9-1-29, as enacted by P.L. 1975, ch. 119, § 1. We subsequently granted the plaintiff's motion to expand the issues considered in this petition to include the issue of the constitutionality...

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