Emerson Radio of New England, Inc. v. DeMambro

This civil action against the defendants Joseph A. and Marguerita T. DeMambro, hereinafter referred to as DeMambros, and their agent Mount Pleasant Oil Co., Inc., as codefendant, was brought in the Superior Court by the plaintiff, Emerson Radio of New England, Inc., to recover damages sustained as a result of the defendants’ alleged negligence. The matter was submitted to a trial justice sitting without a jury. At the close of the plaintiff’s evidence, the defendants moved for dismissal pursuant to Super. R. Civ. P. 41(b)(2), 1 on the ground that upon the facts and the law the plaintiff had…