Tantimonico v. Allendale Mutual Insurance Co.
Rhode Island Supreme Court
637 A.2d 1056 (1994)
- Written by Lauren Petersen, JD
Facts
Guy Tantimonico (plaintiff) and John McPhillips, Jr. (plaintiff) were riding their motorcycles on property owned by Allendale Mutual Insurance Co. (Allendale) (defendant). Tantimonico and McPhillips, both in their twenties, collided head-on with each other. They were seriously injured. The two men sued Allendale for negligence. Allendale filed a motion for summary judgment. The trial court granted Allendale’s motion. Tantimonico and McPhillips appealed. On appeal, they argued that Allendale owed them a duty of care to protect them from dangerous conditions on its property. Although Tantimonico and McPhillips were trespassing, they argued that Rhode Island had abolished common-law distinctions between the duties that landowners owed to licensees, invitees, and trespassers. They argued that even as trespassers, they were owed a reasonable duty of care by Allendale.
Rule of Law
Issue
Holding and Reasoning (Shea, J.)
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