Michalopoulos v. C D Restaurant, Inc., 95-6509 (2002)

DECISION

This matter is before the Court on the motion of the defendant, C D Restaurant, Inc. (defendant), for a new trial, pursuant to Super. R. Civ. P. 59, to which the plaintiff objects. This Court will also consider defendant's Motion to Supplement the Trial Record. On December 17, 2001, the jury returned a verdict in favor of the plaintiff and found plaintiff to be 39 percent liable and defendant 61 percent liable.

Facts/Travel

The underlying facts of this matter were set out by the Rhode Island Supreme Court in Michalopoulos v. C.D. Restaurant, Inc. d/b/a "Eddie andConrad's Fine Foods,"…