Partner Monica R. Nelson and Associate Nicole L. Andrescavage Secure Full Defense Verdict for Country Club Client

Providence, R.I. (March 28, 2025) - On March 27, 2025, a Providence County Superior Court jury returned a unanimous defense verdict for Kirkbrae Country Club after a four-day trial presided over by the Honorable Associate Justice Joseph A. Montalbano. Providence Partner Monica R. Nelson and Associate Nicole L. Andrescavage represented Kirkbrae at trial after five years of extensive discovery and pre-trial motion practice.

The plaintiffs claimed breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, ultra vires, and violation of the Rhode Island Deceptive Trade Practices Act (“DTPA”) against Kirkbrae. These claims were related to an alleged failure of the Club to follow its bylaws. Kirkbrae revoked the plaintiffs’ conditional membership with the Club when it was informed that one of the plaintiffs had been convicted of conspiracy to commit murder, which was not disclosed on the plaintiffs’ membership application.

The plaintiffs sought compensatory damages for a membership application fee, in addition to food and drink costs incurred at the Club. The plaintiffs also sought specific performance in the form of admission into the Club. The latter, equitable remedy would have been determined by the Court only if the jury rendered a verdict in favor of the plaintiffs. The plaintiffs additionally requested punitive damages and reputational harm damages, but these damages claims were dismissed by the Court prior to trial via motions by Kirkbrae.

The jury of six returned its unanimous verdict in Kirkbrae’s favor in two and a half hours. The jury found that Kirkbrae did not breach a contract or the implied covenant of good faith and fair dealing. The jury also found in favor of Kirkbrae on the plaintiffs’ claims for unjust enrichment and violation of the DTPA. The Lewis Brisbois duo was aided by, and expresses their appreciation for, the support of the entire Providence office, including Associate Joseph Shea.

For more information on this verdict, contact Monica R. Nelson or Nicole L. Andrescavage. Visit our Professional Liability and General Liability practice pages to learn more about Lewis Brisbois' capabilities in this area.