Symonds v. City of Pawtucket
Annotate this CasePlaintiff, by and through her mother, filed a complaint against the City of Pawtucket, alleging that she sustained injuries when she received a splinter while playing on a wooden jungle gym at a city park. A hearing justice granted summary judgment in favor of the City, determining that the City was qualified as a landowner that was entitled to immunity under the Recreational Use Statute (RUS) because the playground had been opened to the public for recreational purposes, there was no evidence to suggest that the jungle gym was damaged or dangerous, and the City did not engage in any wanton or malicious conduct. Plaintiff appealed, arguing that an exception to the RUS, R.I. Gen. Laws 32-6-5(a)(1), was applicable to her case. The Supreme Court affirmed, holding that there was no genuine issue of material fact as to whether the City had knowledge of either the particular defect at issue int his case or similar injuries, and thus it could not be concluded that the City willfully disregarded a known risk of injury.
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