Estate of Gagnon v. AnthonyAnnotate this Case
Paul Gagnon was helping his neighbor, Keith Anthony, to fell a rotted tree at Anthony’s residence when the tree “exploded,” causing Gagnon to sustain several injuries. Gagnon filed a complaint against Anthony, alleging negligence. After a trial, the jury found that both Anthony and Gagnon were negligent and that Gagnon was at least as negligent as Anthony in causing his injuries. Gagnon’s Estate appealed. The Supreme Court affirmed, holding (1) there was sufficient credible evidence to support the jury’s finding that Gagnon was at least as negligent as Anthony; and (2) the court did not abuse its discretion in denying the Estate’s motion for a new trial.