Administratrix of bicyclist’s estate brought action against city and various city officials, alleging bicyclist had suffered serious personal injuries when he was thrown from his bicycle after striking a pothole on road in city park, as a result of city’s negligence in maintaining the park.
The Superior Court granted city’s motion for summary judgment, and administratrix appealed.
The Supreme Court of Rhode Island held that:
- Immunity under Recreational Use Statute applied to city with regard to negligence claim, and
- Exception to landowner immunity under the Recreational Use Statute for the willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity after discovering the user’s peril did not apply.