Kelly v. Gershkoff

This civil action was brought to recover damages alleged to have resulted from the defendant’s negligence in performing dental services for the plaintiff. The cause was tried to a justice of the Superior Court with a jury, which returned a verdict for the defendant. Thereafter, the trial justice granted the plaintiff’s motion for a new trial, and the defendant is in this court prosecuting an appeal from the order entered thereto. The only question before us is whether the trial justice erred in granting the plaintiff’s motion for a new trial.

The evidence discloses that plaintiff had a long…