The Trial Justice ruled that a prima facie case, justifying submission to the jury, was established. After the jury disagreed, defendant moved, not on the trial record, but on papers, for summary judgment, ignoring the fact that the refusal to nonsuit plaintiff had become the law of the case. In these circumstances, based on what is before us, our affirmance of denial of summary judgment is not to be taken as any indication that we have ruled upon the merits...
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