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BENNETT v. NAPOLITANO

No. 98-481-Appeal.

746 A.2d 138 (2000)

Donald BENNETT v. Stephen NAPOLITANO, in his capacity as Treasurer of the City of Providence.

Supreme Court of Rhode Island.

February 22, 2000.

Attorney(s) appearing for the Case

Michelle L. Felix, Stephen A. Rodio, Providence, for plaintiff.

Richard G. Riendeau, Alan E. Kornstein, Providence, for defendant.

Present WEISBERGER, C.J., LEDERBERG, BOURCIER, FLANDERS, GOLDBERG, JJ.

OPINION

LEDERBERG, Justice.

What duty, if any, does a municipality owe to an individual who walks in a city park after it has closed for the night? The plaintiff; Donald Bennett, was injured in the early morning when a tree limb fell on him within Roger Williams Park (park) in Providence, Rhode Island. In response to the plaintiff's complaint against City of Providence (city or Providence), the city filed a motion for summary judgment that was granted, and...

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