Maier v. Santucci

This is an appeal from the denial of a motion for a new trial following an adverse jury verdict in the Superior Court. Appellant, plaintiff-below, who was injured in an automobile accident, contends that it was an abuse of discretion for the trial judge to not set aside a jury award of zero damages when there was uncontradicted testimony concerning the existence of an injury. In denying the motion for a new trial, the Superior Court ruled that plaintiffs claim of damages turned on issues of credibility and the jury chose not to believe plaintiffs case. We conclude that where the evidence…