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SMILER v. NAPOLITANO

No. 2005-48-A.

911 A.2d 1035 (2006)

Irina SMILER et al. v. Stephen T. NAPOLITANO, in his capacity as Treasurer of the City of Providence.

Supreme Court of Rhode Island.

December 5, 2006.

Attorney(s) appearing for the Case

Matthew D. Rocheleau, Esq., Providence, for Plaintiff.

William T. Smitherman, Esq., for Defendant.

Sean M. Fontes, Esq., for R.I. Department of Attorney General.

Present: WILLIAMS, C.J., and GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ.

OPINION

Chief Justice WILLIAMS, for the Court.

The plaintiffs, Irina and Lev Smiler (plaintiffs), appeal the Superior Court's grant of summary judgment in favor of the defendant, Stephen T. Napolitano (defendant), in his capacity as Treasurer of the City of Providence. In this premises liability action, the plaintiffs call upon this Court to address the constitutionality of Rhode Island's Recreational Use Statute, G.L.1956 chapter 6 of title 32, a statute...

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