Russian v. Lipet

These two suits, one by a minor through her mother and next friend and the other by the mother for consequential damages, although commenced as actions of trespass on the case for negligence, were tried together to a jury in the superior court as civil actions under that court’s new rules of civil procedure. In each case the verdict was for the defendant. Thereafter, following denial of their respective motions for new trials and entry of judgment in each case for the defendant, plaintiffs appealed. While we discuss only the minor’s case, our decision applies with equal force to both.

The suit…