Letizio v. RitaccoAnnotate this Case
The Supreme Court affirmed the order of the superior court denying Plaintiffs' motion for a new trial after a jury found in favor of Defendants in this negligence action, holding that the motion was properly denied.
Plaintiffs filed a complaint alleging negligence against Defendants seeking damages for injuries Plaintiff sustained when she slipped on some ice on pavement on Defendants' property. Plaintiffs also sought punitive damages, alleging that Defendants' conduct was reckless and willful. The punitive damages claim was dismissed after Plaintiffs rested their case. After deliberating, the jury rendered a verdict in favor of Defendants. Plaintiffs moved for a new trial, arguing that the verdict was against the weight of the evidence and failed to do substantial justice between the parties. The trial justice denied the motion. The Supreme Court affirmed, holding that the trial justice did not overlook or misconceive material and relevant evidence and was not otherwise clearly wrong in denying Plaintiffs' motion for a new trial.