Eloisa Gomes and Armando Gomes v. Mario Rosario

OPINION

Justice GOLDBERG,

for the Court.

This appeal arises out of a seven-day jury trial resulting from an automobile collision that occurred more than ten years ago. The jury found that the plaintiff, Eloísa Gomes (plaintiff or Gomes), failed to prove, by a preponderance of the evidence, that the defendant, Mario Rosario (defendant or Rosario), was negligent. 1 The trial justice, however, granted the plaintiffs motion for a new trial, finding that the jury’s assignment of “no liability to the defendant demonstrates that this court’s instructions were not clear or properly understood or applied…