Marsh v. Cassidy

After a two-day jury-waived trial in the Brookline District Court, the judge concluded: ‘The Court finds that the Plaintiff and the Plaintiffs witnesses were not credible; and as a result, the Plaintiff failed to prove his case by a preponderance of the evidence.” As a result, she found for the defendant, Donald Cassidy (“Cassidy”), on all counts of the complaint. Evaluation of the credibility of the witnesses is part of the discretion conferred on the trier of fact in a civil case. As the plaintiff, Christopher Marsh (“Marsh”), has waived any claim that there was an error of law in the trial…