Wescott v. Vickerson

WERNICK, Justice.

This is an appeal by plaintiff from the denial of a motion for a new trial filed by him after judgment had been entered for defendant upon a jury verdict in her favor. In the action plaintiff seeks damages allegedly caused by negligence of the defendant in the operation of a motor vehicle on December 5, 1967.

Plaintiff claims that when the presiding Justice, (during the trial held on April 15, and 16, 1970) instructed the jury on the issue of the comparative causational negligence of the plaintiff, he failed to comply with a provision of P.L.1969, Chapter 399 (14 M.R.S.A. §…