Nos. 88-1236, 88-1290 and 88-1237.

857 F.2d 877 (1988)

Mary T. DUFFY, Individually and as Administratrix of the Estate of Brendan M. Duffy, Plaintiff, Appellant, v. Donald E. CLIPPINGER and William Y. Ross, Defendants, Appellees (Two Cases). Appeal of William Y. ROSS, Defendant.

United States Court of Appeals, First Circuit.

Decided September 21, 1988.

Rehearing and Rehearing Denied October 19, 1988.

Attorney(s) appearing for the Case

John B. Johnson, John C. Corrigan, Jr., and Corrigan & Johnson, Boston, Mass., on brief for Mary T. Duffy.

Gerald F. Blair and Avery, Dooley, Post & Avery, Belmont, Mass., on briefs for William Y. Ross.

Armand Fernandes, Jr., and Law Office of Armand Fernandes, Jr., New Bedford, Mass., on brief for Sea View Hotel, Inc.

Before CAMPBELL, Chief Judge, BREYER and TORRUELLA, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 19, 1988.


This appeal raises the question whether the district court was within its discretion when it denied plaintiff's motion for a new trial, after a jury trial at which a late-discovered witness was not allowed to testify. In the special circumstances of this case, we hold that the district court abused its discretion and that a new trial should be held.

This was a...

Let's get started


Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases