Presti v. O'DONAHUE

The defendant-appellant challenges the verdict of the jury and the decision of the trial judge upholding the jury’s actions. He contends that greater weight of the plaintiff’s own testimony indicates that the accident did not happen as the jury and trial court concluded, and that if there was any negligence involved it was the negligence of the plaintiff in failing to use the device (the steel plate) properly.

Our conclusion is that all of the findings have adequate support in the evidence and that there was no error in ordering judgment for the plaintiff.

Negligence of the Plaintiff.

The…