Mari v. Delong

A Superior Court jury found that the defendant, Philip F. Delong, was not negligent in causing the automobile accident in which the plaintiff was injured. The plaintiffs motion for a new trial was denied, and the plaintiff appeals from the judgment and the denial of the motion, contending that the trial judge erred in giving the jury instructions that did not conform with the law of the Commonwealth.2 We conclude that the instruction was erroneous and vacate the judgment.

*88The jury could have found the following facts. The plaintiff, Joseph L. Mari, suffered injuries that necessitated extended…