St. James Condominium Ass'n v. Lokey

676 A.2d 1343, 1996 R.I. LEXIS 166, 1996 WL 285257
CourtSupreme Court of Rhode Island
DecidedMay 30, 1996
Docket94-321-Appeal
StatusPublished
Cited by16 cases

This text of 676 A.2d 1343 (St. James Condominium Ass'n v. Lokey) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. James Condominium Ass'n v. Lokey, 676 A.2d 1343, 1996 R.I. LEXIS 166, 1996 WL 285257 (R.I. 1996).

Opinions

OPINION

LEDERBERG, Justice.

This ease came before the Supreme Court on the appeal of St. James Condominium Association and Joseph Whalen, individually and on behalf of other condominium unit owners (plaintiffs), from a final judgment of dismissal in the Superior Court of the plaintiffs’ complaint against the defendants, Madeline Ferrante, treasurer of the town of North Providence (town), and Al DePetrillo, building inspector of the town of North Providence (building inspector). For the reasons set forth, we sustain the appeal of the plaintiffs and reverse the judgment of the Superi- or Court. A brief recitation of the facts relevant to this appeal follows. Additional facts will be provided as necessary to the discussion of the issues.

Facts and Travel of the Case

On March 22, 1993, plaintiffs, as owners of condominium units in the St. James Condominium development (St. James) in North Providence, Rhode Island, brought suit in Superior Court against the developer of the project, as well as against its architect and the warranty company, seeking damages for allegedly defective construction and workmanship in the building of their units. The plaintiffs alleged that negligent plans and construction of the St. James units that they purchased during the years 1987 to 1993 resulted in major defects, including settling foundations, cracked walls, frozen pipes, leaking roofs, and improper heating. In addition, plaintiffs alleged that “proper regulation firewalls were not constructed between the units.”

The plaintiffs also brought suit against the town and the building inspector, alleging that the building inspector had negligently inspected or failed to inspect the plans and construction of the project and had negligently issued occupancy permits for units within the development. The complaint stated that “proper investigation by the budding inspector at the time of construction, would have revealed building code violations,” and charged that the town was “negligent for the actions of its public officials [referring to the [1345]*1345building inspector] under the doctrine of Re-spondeat Superior.”

On or about September 8, 1993, plaintiffs served interrogatories on the building inspector. After the Superior Court granted plaintiffs’ motion to compel answers to the interrogatories, the building inspector filed his answers on February 16, 1994. The town and the building inspector filed a motion to dismiss plaintiffs’ claims on February 17, 1994, invoking immunity from liability under the public-duty doctrine. In opposing defendants’ motion, plaintiffs submitted to the trial justice two documents: an inspection form for one of the buildings in question that states, “Need smoke stops between units. Stairs need re-building no overhang Boiler rooms” and an occupancy permit for the same building. The Superior Court granted the motion to dismiss on April 26, 1994, and final judgment was entered for the town and the building inspector on May 9, 1994. The plaintiffs filed a timely notice of appeal on May 9, 1994, and the case was placed on the regular calendar for full briefing and argument.

Dismissal of the Complaint

On appeal, plaintiffs claimed that this case fell within the special-duty exception to the public-duty doctrine and argued that they had not been provided a sufficient opportunity to present the full facts that supported their claim. The plaintiffs contended that at the time the trial justice granted defendants’ motion to dismiss, plaintiffs had “only just begun discovery, and the dismissal was an abuse of discretion.” The town and the building inspector argued, on the other hand, that plaintiffs were afforded sufficient opportunity to offer facts adequate to support their claims but that plaintiffs had failed to do so.

Before determining whether the trial justice erred in granting defendants’ motion, we must first ascertain the nature of the motion itself.1 The trial justice’s order granting the motion correctly referred to defendants’ motion as a Super. R. Civ. P. 12(b)(6) motion to dismiss plaintiffs’ claims for failure to state a claim upon which relief can be granted. Nevertheless, defendants contended that “[b]y using matters outside the pleadings, Plaintiffs invited the Court to treatment [sic ] the Defendants’ Motion as a motion for summary judgment.” With this contention, we must disagree.

This Court has recognized that “when a trial justice considers evidence not incorporated in the final pleadings, a motion to dismiss under Rule 12(b)(6) is automatically transformed into one for summary judgment pursuant to Rule 56.” Tangleridge Development Corp. v. Joslin, 570 A.2d 1109, 1111 (R.I.1990) (citing Temple Sinai-Suburban Reform Temple v. Richmond, 112 R.I. 234, 239, 308 A.2d 508, 511 (1973)). In such a case, however, the clear mandate of Rule 12(b)(6) requires that whenever a motion to dismiss is treated as a motion for summary judgment, “all parties shall be given reasonable opportunity to present all material made pertinent to such motion by Rule 56.”

Although plaintiffs did submit for the trial justice’s consideration two documents extrinsic to the pleadings, our review of the record, particularly our review of the trial justice’s order granting defendants’ motion, leads us to conclude that the trial justice decided the motion as a Rule 12(b)(6) motion to dismiss, rather than as a motion for summary judgment under Rule 56. We reach this conclusion because the motion justice made no reference to the matters outside the pleadings when she ruled on the motion. The trial justice’s order was entitled, “Order Granting Defendants, Madeline Ferrante, Treasurer of the Town of North Providence and Albert DePetrillo, Building Inspector for the Town of North Providence’s Motion to Dismiss Plaintiffs Action Pursuant to R.C.P. 12(b)(6).” The defendants had drafted the order but argued on appeal that the order in fact granted summary judgment. The plaintiffs, however, were not notified, as required by Rule 12(b)(6), that defendants’ motion to [1346]*1346dismiss was being converted into a motion for summary judgment.

We are of the opinion that the better practice when ruling on a motion to dismiss using a Rule 12(b)(6) standard is for the trial court to state expressly in its decision on the motion whether it has excluded any extraneous matters from its consideration. Under such a procedure, the parties as well as this Court upon review can ascertain with confidence whether the trial court has excluded matters outside the pleadings from its consideration. Nevertheless, we review the judgment in the case at bar as a judgment to dismiss and not as a summary judgment.

In reviewing a trial justice’s grant of a motion to dismiss pursuant to Rule 12(b)(6), this Court assumes the allegations contained in the complaint to be true and views the facts in the light most favorable to the plaintiffs. Builders Specialty Co. v. Goulet, 639 A.2d 59, 60 (R.I.1994); Ellis v. Rhode Island Public Transit Authority, 586 A.2d 1055, 1057 (R.I.1991).

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St. James Condominium Ass'n v. Lokey
676 A.2d 1343 (Supreme Court of Rhode Island, 1996)

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Bluebook (online)
676 A.2d 1343, 1996 R.I. LEXIS 166, 1996 WL 285257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-james-condominium-assn-v-lokey-ri-1996.