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FILOSA v. COURTOIS SAND AND GRAVEL CO.

No. 89-576-Appeal.

590 A.2d 100 (1991)

Philip FILOSA in his Capacity as Administrator DBN/CTA of the Estate of George H. Schubert, and as Executor of the Estate of Margaret R. Schubert v. COURTOIS SAND AND GRAVEL COMPANY, et al.

Supreme Court of Rhode Island.

May 7, 1991.

Attorney(s) appearing for the Case

Mark H. Grimm, Wistow & Barylick, Providence, for plaintiff.

Charles P. Cavas, William A. Poore, Hodosh, Spinella & Angelone, Providence, Ernest J. Pratt, Blais, Cunningham & Crowe Chester, Pawtucket, Fred J. Vople, Mosca & Volpe, North Kingstown, for defendants.

OPINION

SHEA, Justice.

This matter comes before the Supreme Court on the appeal of the plaintiff from a judgment for the defendant in a wrongful-death action on grounds that the jury instructions on assumption of risk constituted prejudicial error.

The events giving rise to the lawsuit stem from an explosion and a fire at the Schubert Heat Treating Plant on November 30, 1983. The plant was owned and operated by the decedent, George Schubert (Schubert...

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