Opinion
January 18, 1977.
PRESENT: Bevilacqua, C.J., Paolino, Joslin, Kelleher and Doris, JJ.
NEW TRIAL. Conditional Grant. Damages. Additur. Where, on appeal from order conditionally granting motion for new trial on issue of damages unless defendant consented to additur, appellate court was satisfied that trial justice in making his ruling had fully complied with obligations imposed upon him under rules enunciated in case law, hence defendant's appeal was denied and dismissed, and case remitted for new trial on issue of damages only unless defendant consents to the additur.
CIVIL ACTION before Supreme Court on appeal of defendant from decision of Needham, J. awarding a new trial unless defendant consented to an additur, heard and appeal denied and dismissed and case remitted to Superior Court with directions.
Quinn, Cuzzone Geremia, John F. Cuzzone, Jr., for plaintiff.
Martin M. Zucker, for defendant.
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.