Falvo v. Bloom
Falvo v. Bloom
Opinion of the Court
This is an automobile negligence action in which the defendant is before us on an appeal from the denial by a Superior Court justice of her motion for new trial following the jury’s return of verdicts for Joseph Falvo and his son, Stephen, and the estate of Joseph’s father. The total aggregate of the three verdicts is $10,000. Pursuant to the provisions of our Rule 16(g), the plaintiffs have asked that we summarily dismiss the defendant’s motion because the issue on appeal is factual and there is abundant evidence to support the denial of the new trial. Oral arguments on this motion were heard on October 4, 1979.
A new trial on the issue of damages will not be granted unless the trial judge is satisfied that there is a demonstrable disparity between the amount awarded and the pain and suffering shown to have been endured as a consequence of the injuries sustained. Our examination of the record convinces us
Accordingly, the defendant’s appeal is denied and dismissed, and the judgments appealed from are affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.