History
  • No items yet
midpage
Rabau v. Gaudreau
107 R.I. 146
| R.I. | 1970
|
Check Treatment
265 A.2d 739 (1970)

Barbara RABAU, p. a. et al.
v.
Cecile GAUDREAU et al.

No. 873-Appeal.

Supreme Court of Rhode Island.

May 21, 1970.

*740 Joseph Marran, Jr., Pawtucket, for plaintiffs.

Keenan, Rice, Dolan & Reardon, Leonard A. Kiernan, Jr., Providence, for defendants.

OPINION

PER CURIAM.

A jury in the Superior Court awarded Barbara Rabau $200 for injuries sustained when she was struck by a motorcycle owned by one of the two defendants and operated by the other, and it also awarded her mother, Ruth, $427 for consequential damages. Each plaintiff moved for an additur or alternatively for a new trial solely on the issue of damages, and when the trial justice denied their motions they appealed.

For the plaintiffs to succeed in their appeal they must establish that the trial justice in considering the motion for a new trial justice in considering the motion for a new trial failed to perform his duty as outlined in Barbato v. Epstein, 97 R.I. 191, 193-194, 196 A.2d 836, 837, or that in its performance he either overlooked or misconceived material evidence or was otherwise clearly wrong. Handy v. Geary, R.I. 252 A.2d 435, 443; Dawson v. Rhode Island Auditorium, Inc., R.I., 242 A.2d 407, 412; Notarantonio v. Damiano Bros. Welding Co., 101 R.I. 173, 177, 221 A.2d 473, 475. They failed to meet that burden.

The plaintiffs' appeal is denied and dismissed and the judgments appealed from are affirmed.

Case Details

Case Name: Rabau v. Gaudreau
Court Name: Supreme Court of Rhode Island
Date Published: May 21, 1970
Citation: 107 R.I. 146
Docket Number: 873-Appeal
Court Abbreviation: R.I.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.