Hernandez v. JS Pallet Co.
Annotate this CasePlaintiff, a diesel mechanic, brought suit against Defendant, his former employer, for damages to his tools that allegedly occurred after Defendant fired him. The superior court entered judgment in favor of Plaintiff for $7,360 in damages. Defendant appealed. The Supreme Court affirmed, holding that the trial justice did not err (1) by denying Defendant's motion for judgment as a matter of law, as Plaintiff presented sufficient evidence establishing the damages element of the negligence claim; (2) by permitting the testimony of a witness whose name was absent from the initial witness list, as the witness's appearance at trial could not have created an element of surprise or otherwise prejudiced Defendant; and (3) in calculating the damages.
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