Claudio v. Dean MacHine Co., Inc.

¶ 1 I respectfully dissent. In my opinion, the trial court acted beyond the permissible scope of its discretion in convening an evidentiary hearing after entry of the verdict without an offer of proof based on legally cognizable after-discovered evidence. When the court recorded the verdict, the record was closed and should have remained so unless the plaintiffs could demonstrate that evidence they sought to admit post trial could not have been discovered prior to trial through the exercise of due diligence. The Majority’s disposition effectively dispenses with this procedural safeguard,…