Gomes v. Rosario

Plaintiff sued Defendant for negligence after the vehicles the parties were driving collided in an intersection. A jury found that Plaintiff had not proven, by a fair preponderance of the evidence, that Defendant was negligent. The trial court subsequently granted Plaintiff's motion for a new trial, concluding that, based on the testimony of the independent fact witnesses and other evidence, the court's instructions were not properly understood or applied by the jury. The Supreme Court affirmed the order granting Plaintiff's motion for a new trial, holding that the trial justice had a sufficient basis to find that the jury's verdict did not respond to the evidence, did not overlook or misconceive material facts, and was not clearly wrong in granting Plaintiff's motion for a new trial View "Gomes v. Rosario" on Justia Law