Fiorio v. Enterprise Fuels, Inc.

This is a negligence action wherein the plaintiff seeks to recover damages for personal injuries he sustained when an automobile in which he was riding was struck in the rear by the defendant’s truck. A superior court jury rendered a verdict for the defendant. The case is before us on the defendant’s appeal from the trial justice’s granting the plaintiff’s motion for a new trial.

The collision occurred in Pawtucket on October 22, 1963, about 2:50 p.m., at the corner of Allen Avenue and Broadway. The plaintiff was a passenger in the front seat of an *133automobile operated by Anthony Comella. The…