Brimbau v. Ausdale Equipment Rental Corp.

This is a petition for reargument. The plaintiff in a civil action tried before a jury in the Superior Court recovered $629,935 for injuries he suffered when a cable which supported a boom and bucket on a backhoe snapped causing the boom and bucket to fall on him. The defendant appealed from that judgment claiming that the trial justice had incorrectly instructed the jury that Rocco Marzano, who operated the backhoe at the time of the accident, was an agend of the defendant corporation. Mr. Marzano was employed by Marzano Construction Company, Inc., but was also president and treasurer of…