Catalani v. Aslanian

This case raises the question whether a District Court judge’s finding as to the amount of damages for injuries arising out of a motor vehicle accident is binding on a jury on a retrial in the Superior Court (see G. L. c. 231, § 104). The only evidence adduced in the Superior Court, in addition *933to the finding, was the direct testimony of the plaintiff. His testimony included a description of his injuries. The finding for the plaintiff in the District Court was $19,196; the finding of the Superior Court jury for the plaintiff was $10,000.

Claiming error in the denial of his motions for a…