McGarry v. Pielech
Annotate this CasePlaintiff Roderick McGarry appealed a final judgment in favor of Defendant Town of Cumberland School Department which granted defendant's motion for judgment as a matter of law. The trial justice concluded that plaintiff failed to present sufficient evidence that defendant had discriminated against him on the basis of his age. After a jury trial, the verdict was returned in plaintiff's favor. However, the trial justice granted defendant's motion for judgment as a matter of law. On appeal to the Supreme Court, plaintiff contended the trial justice's post-trial Rule 50 ruling was in error and argued that the jury verdict should be reinstated. Specifically, plaintiff contended that the trial justice erred by granting judgment as a matter of law because: (1) defendant failed to offer a nondiscriminatory reason for not hiring plaintiff; and (2) the trial justice erred in ruling that an adverse inference resulting from the spoliation of evidence, without additional extrinsic evidence, could not satisfy plaintiff's burden of proof (plaintiff contended that he did present such extrinsic evidence). Upon review, the Supreme Court partly affirmed the superior court, and partly reversed. The Court found the trial justice erred in granting defendant's motion for judgment as a matter of law, finding plaintiff presented sufficient evidence to make a prima facie case of discrimination. The Court agreed with the trial justice in granting defendant's motion for a new trial. The case was remanded to the superior court for further proceedings.
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