Erickson v. Garber

Defendant appeals under Rule 8C, Dist./Mun. Cts. R. A. D. A., the denial of his motion for a new trial following a verdict for plaintiff and a judgment entered awarding damages in the sum of $25,000. Specifically, the defendant contends the judge erred in submitting the case to the jury on a theory of battery where the pleadings focused and the case was tried upon the issue of implied consent. The defendant further contends that the answers to special verdict questions were irreconcilable, that the jury was confused, and that the judge ought to have ordered the jury to deliberate further to…