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VanALSTYNE v. WHALEN

15 Mass. App. Ct. 340 (1983)

445 N.E.2d 1073

DAVID A. VanALSTYNE, JR. vs. RICHARD WHALEN.

Appeals Court of Massachusetts, Berkshire.

February 22, 1983.

Attorney(s) appearing for the Case

David O. Burbank for the defendant.

John J.C. Herlihy (Karen M. Thursby with him) for the plaintiff.

Present: ARMSTRONG, GREANEY, & SMITH, JJ.

GREANEY, J.

In this personal injury case tried to a jury in the Superior Court, the defendant challenges orders of the trial judge denying his motion for a directed verdict, Mass.R.Civ.P. 50(a), 365 Mass. 814 (1974), allowing the plaintiff's motion for relief from the judgment, Mass.R.Civ. P. 60(b) (2), 365 Mass. 828 (1974), and ordering a new trial solely on the issue of damages because of newly discovered evidence...

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