English v. Myers

Larrow, J. (Ret.),

Specially Assigned. Plaintiff English was injured on the morning of July 24, 1976, when hit by a taxi while crossing Church Street in Burlington. He sued the conceded owner and employer, Rodney Myers, d/b/a Benway’s Taxi, and Peter Mulholland, the conceded employee and operator, for $15,000. This ad damnum was amended at trial to $300,000, and a $45,000 plaintiff’s verdict resulted. Both defendants seasonably filed a motion for new trial or remittitur and, subsequent to its denial, have appealed.

Briefly stated, the claimed errors below are (1) excessive damages, (2) defects…