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Costantino v. Suburban Fitness Center

2/7/2002

608 A.2d 1145,1147 (R.I. 1992)).


Thus, even assuming, without deciding, that the town owed some duty to the plaintiffs decedent in this situation and that it could be held vicariously liable for the acts and omissions of the volunteer fire department's emergency rescue personnel, the plaintiff failed to provide any evidence in response to the town's summary judgment motion, which, if it were credited, would entitle a jury to conclude that the town or its agents were grossly negligent in causing the plaintiff's injuries.


For these reasons, we deny the plaintiffs appeal and affirm the summary judgment in favor of the town and its treasurer.


Entered as an Order of this Court this 7th day of February, 2002.




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