Gynan v. Hayes

The plaintiff was injured when a motor vehicle owned and operated by the defendant collided with him on April 9,1977, in Whitman at 12:30 a.m. while the plain tiff, on foot, was crossing a street known as Route 18. The judge submitted a series of questions to the jury at the close of the case. The first and only question answered by the jury was whether the defendant was negligent. The jury responded in the negative. A few days after the judgment on the verdict was entered (Mass.R.Civ.P. 49[a], 365 Mass. 812 [1974]), the plaintiff filed a motion for new trial which was denied. The plaintiff…