Potential lawsuit in the works following trip and fall on Warren street

By Ethan Hartley
Posted 7/16/24

A personal injury law firm is looking into who should be possibly help liable should a Bristol woman go forward with a lawsuit following a trip and fall incident that occurred on State Street in Warren in April.

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Potential lawsuit in the works following trip and fall on Warren street

Posted

The Town of Warren was notified of their potential involvement in an ongoing investigation into the circumstances that led to a Bristol woman tripping and falling on State Street in late April of 2024, which caused serious injuries.

During their meeting on July 9, Town Solicitor Anthony DeSisto alerted the Warren Town Council that they had been given a notice of claim from Adam J. Resmini of the law offices of Ronald J. Resmini, LTD, representing Bristol resident, Denise Procaccini, who tripped and fell on a protruding step in front of 44 State St. while walking with a friend back to her vehicle, which was parked on Water Street, on April 27, 2024.

“As they were walking down State Street in front of 44 State St…Denise Procaccini was caused to trip and fall over a protruding step that was located at the front entrance of 44 State Street,” the notice reads. “The step was hidden and blended-in, as it was the same color as the sidewalk. Additionally, there were no visual ques [sic] warning Mrs. Procaccini of the protruding step directly in her path of travel. She struck the protruding step with her left foot causing her to stumble forward and land directly onto her right arm, which immediately dislocated the arm and shattered the right, radial head of the elbow in 5 or 6 pieces requiring the arm to be set at the hospital with surgery following…”

The notice of claim does not mean the Town has been sued, but it means that the law firm is investigating who should be named in a potential lawsuit if the claimant decides to pursue legal action. As a precautionary measure, the Town deferred the case to the Rhode Island Interlocal Trust, their insurance agency.

“This is a very complicated case. There could be far reaching implications for the Town on this,” said DeSisto to the Council. “Particularly in the historic zone because there are so many steps that have been there for quite some time that intrude onto the Town’s right of way. That’s why I’m recommending that this be referred to the Trust. I think there’s going to be a lot of activity on this case going forward. There are some implications here.”

Reached Tuesday morning, attorney Adam J. Resmini confirmed that they had sent notices of claim to the Town of Warren and to the owner of the home at 44 State St., and that they were still looking into who ultimately bears responsibility for the presence of the protruding staircase that led to the fall.

2024 by East Bay Media Group

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A lifelong Portsmouth resident, Jim graduated from Portsmouth High School in 1982 and earned a journalism degree from the University of Rhode Island in 1986. He's worked two different stints at East Bay Newspapers, for a total of 18 years with the company so far. When not running all over town bringing you the news from Portsmouth, Jim listens to lots and lots and lots of music, watches obscure silent films from the '20s and usually has three books going at once. He also loves to cook crazy New Orleans dishes for his wife of 25 years, Michelle, and their two sons, Jake and Max.