Luster v. Schwarz

*873Reynolds, Staley, Jr. and Cooke, JJ., concur. Herlihy, P. J., and Greenblott, J., dissent and vote to reverse and reinstate the verdict, in the following memorandum: While the courts carefully scrutinize any allegation that a litigant did not receive a fair and impartial trial, it does not, of necessity, follow that every claim made constitutes a basis for determining that the trial was not fair. The present record containing the affidavits submitted on the motion established that the trial Justice was not present during the voir dire examination and the record does not disclose that there…