Meaney v. Rubega

MEMORANDUM OPINION

BROCK, C.J.

The plaintiffs, John and Susan Meaney, appeal the Superior Court (Sullivan, J.) denial of their motion to set aside the verdict and for a new trial based on the trial court’s failure to instruct the jury that brake failure is an affirmative defense. We affirm.

On June 10, 1992, plaintiff John Meaney was exiting his State Police cruiser at a construction site on Interstate 89 in Hopkinton when a vehicle operated by the defendant, Alfred Rubega, struck the cruiser. The plaintiffs sued the defendant for negligence and for loss of consortium. The defendant denied…