Vanalstyne v. Whalen

In this personal injury case tried to a jury in the Superior Court, the defendant challenges orders of the trial judge denying his motion for a directed verdict, Mass.R.Civ.P. 50(a), 365 Mass. 814 (1974), allowing the plaintiff’s motion for relief from the judgment, Mass.R.Civ. P. 60(b) (2), 365 Mass. 828 (1974), and ordering a new trial solely on the issue of damages because of newly discovered evidence. The defendant contends that there was no evidence to show that he operated a motor vehicle negligently, or, if he did so operate, to show that his negligence was the proximate cause of the…