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 Supreme Court 

 No. 2020-255-Appeal. 

 (KC 20-506) 

Maria Rosa :

v. :

Wakefern Food Corporation a.k.a. 

Price Rite of Cranston. 

: 

O R D E R 

The plaintiff in this case, Maria Rosa, appeals from an April 2, 2021 judgment 

of the Kent County Superior Court dismissing on statute of limitations grounds her 

complaint, in which she sought damages for personal injuries allegedly sustained 

during a slip-and-fall incident at a grocery store owned by the defendant, Wakefern 

Food Corporation a.k.a. Price Rite of Cranston, located in Cranston, Rhode Island. 

This case came before the Supreme Court pursuant to an order directing the parties 

to show cause why the issues raised in this appeal should not be summarily decided. 

After carefully considering the parties’ arguments (both written and oral) and after 

reviewing the record, we are of the opinion that cause has not been shown and that 

the appeal may be resolved without further briefing or argument. For the reasons 

set forth in this order, we vacate the judgment of the Superior Court. 
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At the time when the events giving rise to this appeal were taking place, the 

nation and this state were in the midst of a pandemic of fearsome proportions. It 

was represented to us at oral argument by Ms. Rosa’s counsel that, while the 

pandemic was raging with particular severity, he was confronted with a series of 

logistical and computer-related issues that resulted in his failing to file the complaint 

in this action in strict accordance with the terms of the pertinent statute of limitations. 

Given the totality of the rather unique circumstances presented by this case, 

coupled with the fact that the complaint was in fact electronically filed in the 

Superior Court within days after the pertinent deadline, it is our opinion that it would 

be preferable for this case to proceed in the usual manner rather than being dismissed 

on the basis of the belated filing of the complaint. See generally Rivera v. 

Employees’ Retirement System of Rhode Island, 70 A.3d 905 (R.I. 2013). In so 

ruling, we specifically decline to base this decision on “abuse of discretion” or 

“excusable neglect” grounds; rather, this decision is based solely on our appreciation 

of the uniqueness of the particular attendant circumstances relative to this case that 

transpired in the midst of an unprecedented public health crisis. 
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Accordingly, we vacate the judgment of the Superior Court. The record may 

be returned to that tribunal. 

 Entered as an Order of this Court this day of 2022. 

 By Order, 

 ____________________________ 

 Clerk 

 

 

16th March

/s/ Debra A. Saunders, Clerk
SU-CMS-02B (revised June 2020)

STATE OF RHODE ISLAND 

SUPREME COURT – CLERK’S OFFICE

Licht Judicial Complex

250 Benefit Street

Providence, RI 02903

ORDER COVER SHEET

Title of Case Maria Rosa v. Wakefern Food Corporation a.k.a. 

Price Rite of Cranston.

Case Number No. 2020-255-Appeal.

(KC 20-506)

Date Order Filed March 16, 2022

Justices Suttell, C.J., Goldberg, Robinson, Lynch Prata, and 

Long, JJ.

Source of Appeal Kent County Superior Court 

Judicial Officer from Lower Court Associate Justice Jeffrey A. Lanphear

Attorney(s) on Appeal

For Plaintiff:

Christopher J. Petrarca, Esq.

For Defendant:

Amanda R. Prosek, Esq.

Douglas L. Price, Esq.