Ramsey v. Baggeston

367 A.2d 1081, 117 R.I. 474, 1977 R.I. LEXIS 1714

Opinion

Per Curiam.

We have reviewed the record in the case and the trial justice’s decision conditionally granting the plaintiff’s motion for a new trial on the issue of damages only unless defendant consented to an additur of $7500. That review satisfies us that the trial justice fully complied with the obligations imposed upon him under our rules as enunciated in a long line of cases and most recently in Fontaine v. Devonis, 114 R.I. 541, 336 A.2d 847 (1975); Grenier v. Royal Cab, Inc., 114 R.I. 11, 327 A.2d 272 (1974).

Accordingly, we deny and dismiss the defendant’s appeal, and we remit the case to the Superior 'Court for a new trial on the issue of damages only unless the defendant shall, within a period to be fixed by that court, consent to the additur heretofore awarded by the trial justice.

Quinn, Cuzzone & Geremia, John F. Cuzzone, Jr., for plaintiff. Martin M. Zucker, for defendant.