Providence Partner Monica R. Nelson and Associate Nicole Andrescavage were recently named Rhode Island Lawyers Weekly’s 2025 “Lawyers of The Year” for securing a unanimous defense verdict for Kirkbrae Country Club after a four-day trial last spring.
The case was brought by plaintiffs Troy Hewes and Renee Coletta, who sued Kirkbrae for revoking their conditional membership after learning that Mr. Hewes had been convicted of conspiracy to commit murder, a fact which he failed to disclose on his application to the club. After four days of trial in Providence Superior Court, the jury concluded that Kirkbrae did not breach any contracts, bylaws, or implied covenant of good faith and fair dealing.
“I felt very confident throughout the length of this whole case and the trial,” said Ms. Nelson to the publication. “I told the jury we were going to keep things simple, with only the two pieces of evidence they needed to keep in mind, which I reiterated in my closing. The plaintiffs tried to muddy it up, but at the end of the day, all you need to know about this case are those two things: what Hewes wrote on the application and what was later revealed in the background check.”
“When Mr. Hewes’ background check came back, it was revealed that he had been charged with murder and tried for murder [and acquitted], before subsequently being tried and convicted of conspiracy to commit murder," said Ms. Nelson. "He was given a 10-year jail sentence, eight years of which he served [for conspiracy to commit murder]. This was unacceptable to the club, which is responsible for 600 members and their families, and led to his non-acceptance.”
Ms. Nelson and Ms. Andrescavage discussed their main challenges in the trial with Rhode Island Lawyers Weekly, including the emotional baggage for board members who had been part of the club for many years and watched their children grow up there, the lengthy 5-year process to get to, and drafting jury instructions using non-legalese language.
Ms. Nelson is an experienced litigator and problem solver. In the past 18 months, she has tried two cases to a full defense verdict in Rhode Island. She specializes Products Liability Defense, General Liability Defense, and Employment Litigation Defense & Counseling (including defense of Directors & Officers claims). She is licensed in the state and federal courts of Rhode Island, Massachusetts, and Connecticut.
Ms. Andrescavage is a member of the firm’s Product Liability, Marine & Energy, Employment, and General Liability Practice Groups. She is licensed in the state and federal courts of Rhode Island and Massachusetts.
Read the full Rhode Island Lawyers Weekly feature here (subscription required).