Menard & Co. Masonry Building Contractors v. Marshall Building Systems, Inc.

OPINION

MURRAY, Justice.

This is an appeal by the plaintiff, Menard & Co. Masonry Building Contractors (Me-nard), from a judgment of the trial court. That court granted a motion for a directed verdict by the defendant, Marshall Building Systems, Inc. (Marshall). Thereafter, the trial justice granted Marshall’s subsequent conditional motion for a new trial, following upon a jury verdict for Menard. We hold that the trial justice misapplied the proper standard in directing a verdict for Marshall. We further hold that the trial justice misconceived material evidence on a relevant issue of fact in…