Opinion
Docket No. 77, 1999.
March 3, 1999.
Appeal from Superior Court, New Castle County, CA 96C-10-280.
APPEAL REFUSED.
Unpublished Opinion is below.
JOHN A. ANTHONY, III, Defendant Below-Appellant, v. JUDITH M. CRAME, Plaintiff Below-Appellee. No. 77, 1999. In the Supreme Court of the State of Delaware. Submitted: February 25, 1999. Decided: March 3, 1999.
Court Below — Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 96C-10-280.
Before VEASEY, Chief Justice, HARTNETT, and BERGER, Justices.
ORDER
This 3rd day of March 1999, it appears to the Court that:
(1) The defendant below has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from a Superior Court order granting the plaintiff's motion for a new trial. The Superior Court concluded that the jury's verdict of zero damages was against the great weight of the evidence because the defendant's liability was not an issue, and both the plaintiff's and the defendant's experts testified that the plaintiff suffered some injury after the underlying automobile accident.
(2) On February 16, 1999, the Superior Court refused to certify an interlocutory appeal to this Court.
(3) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in extraordinary cases.
(4) In the exercise of its discretion, this Court has concluded that the application for interlocutory review does not meet the requirements of Supreme Court Rule 42(b) and should be refused.
NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal is REFUSED.
BY THE COURT:
/s/ Carolyn Berger, Justice