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VERITY v. DANTI

No. 89-334-A.

585 A.2d 65 (1991)

Elaine VERITY, as parent and next friend of minor, Stephanie A. Verity, and Elaine Verity, individually v. Thomas J. DANTI and Department of Transportation, State of Rhode Island.

Supreme Court of Rhode Island.

January 4, 1991.

Attorney(s) appearing for the Case

Charles P. Cavas, William A. Poore, Hodosh, Spinella & Angelone, Providence, for plaintiff.

David Dugan, Sp. Asst. Atty. Gen., Madeline Quirk, Higgins, Cavanagh & Cooney, Providence, for defendants.

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...

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