Brancaccio v. Jackal Corp.

I respectfully dissent. In my view, the trial court’s order denying plaintiffs motion for a new trial must be reversed due to the undisputed fact that nonevidentiary materials were given to the jury during deliberations. Moreover, there is a sufficient record from which it can be determined that the error was prejudicial and that a new trial is required.

Brancaccio sued Jackal Corporation’s restaurant for injuries sustained when he slipped and fell while departing the restaurant. Plaintiff contended that he slipped on a wet rubber mat on the inclined surface of the restaurant’s exit/entrance…