VENTURA v. ALMARTIN MOTORS, INC.

No. 435-79.

430 A.2d 1279 (1981)

Peter C. VENTURA v. ALMARTIN MOTORS, INC.

Supreme Court of Vermont.

Motion for Reargument Denied April 28, 1981.


Attorney(s) appearing for the Case

Mahady, Dunne, Hershenson & Scott, Norwich, for plaintiff.

Paul L. Reiber of Dick, Hackel & Hull, Rutland, for defendant.

Before LARROW, BILLINGS, HILL and UNDERWOOD, JJ., and DALEY, J. (Ret.), Specially Assigned.


LARROW, Justice.

This case presents a single issue, claimed error by the trial court in granting defendant a new trial without offering plaintiff an opportunity to file a remittitur. V.R. C.P. 59(a). Resolution of this issue, however, is rendered complex by the failure of the trial court to utilize the clarifying procedures of special verdicts or interrogatories. V.R.C.P. 49. This shortcoming makes necessary an extensive factual recitation.

Plaintiff's claim...

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