Martin v. Estrella

This is a civil action for assault and battery wherein a Superior Court jury returned a verdict for the plaintiff in the amount of $2,000. Thereafter, the trial justice granted the defendant’s motion for a new trial unless the plaintiff remitted that portion of the verdict in excess of $1,500. Although the remittitur was filed, the defendant prosecuted this appeal. The plaintiff has filed a motion to dismiss the defendant’s appeal. Before proceeding to a consideration of the defendant’s appeal, it is necessary that we first consider the plaintiff’s contention that the appeal should be…