Lieberman v. Bliss-Doris Realty Associates, L.P.

In reversing the trial justice’s order granting a new trial, the majority concludes that reasonable minds could differ about whether the defendant landlord was negligent in failing to exercise reasonable care for the safety of its tenants and other persons reasonably expected to be on the premises. Respectfully, I do not believe that this is the issue we should be deciding on appeal from the granting of a new-trial motion. Rather, the issue for us on appeal is whether the trial justice, when he exercised his independent judgment in his capacity as a “superjuror” and when he concluded that the…