JOHNSTON v. LYNCH

No. 88-058.

133 N.H. 79 (1990)

CAIN A. J. JOHNSTON, by his father and next friend JAMES M. JOHNSTON, AND JAMES M. JOHNSTON, individually v. FRANK LYNCH.

Supreme Court of New Hampshire.

April 30, 1990.


Attorney(s) appearing for the Case

Law Offices of James J. Kalled, of Ossipee (James J. Kalled and John P. Kalled on the brief, and John P. Kalled orally), for the plaintiffs.

Wiggin & Nourie, of Manchester (Fred J. Desmarais & a. on the brief, and Diane M. Smith orally), for the defendant.


THAYER, J.

This negligence action arose from a collision between an automobile driven by the defendant, Frank Lynch, and a bicycle ridden by Cain A. J. Johnston (Cain). Following a trial in the Superior Court (McHugh, J.), the jury returned a verdict for the defendant. The plaintiffs appeal from the jury verdict and the trial court's denial of their post-trial motion to set aside the verdict, alleging the following errors: (1) the verdict is against the weight...

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