Connors v. Gasbarro

OPINION

KELLEHER, Justice.

This is a Superior Court negligence action in which the jury returned a verdict for the defendant. Thereafter, the trial justice granted the plaintiffs’ motion for a new trial, and the defendant is before us on an appeal in which he claims that the trial justice misconceived material evidence in considering the new-trial motion and thereby committed prejudicial error. We find merit in this claim.

The defendant, William P. Gasbarro (Gas-barro), testified that in the early-morning hours of July 31, 1974, he was single, twenty-three, and returning to his Barrington home…