LATINO v. CRANE RENTAL CO.; GENERAL STEEL FABRICATORS


417 Mass. 426 (1994)

630 N.E.2d 591

CHARLES LATINO vs. CRANE RENTAL COMPANY, INC.; GENERAL STEEL FABRICATORS, INC., third-party defendant.

Supreme Judicial Court of Massachusetts, Worcester.

April 7, 1994.


Attorney(s) appearing for the Case

David C. Nunheimer for Crane Rental Company, Inc.

Alice J. Klein for the plaintiff.

Paul R. Keane for General Steel Fabricators, Inc.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

The trial judge concluded, based on his postverdict investigation, that the jury did not in fact reach the special verdicts for the plaintiff that were announced and affirmed in open court. He therefore granted the defendant Crane a new trial, the jury having been discharged more than a week earlier. When, however, a single justice of the Appeals Court, on the plaintiff's request for interlocutory relief, ruled that the new trial order was "without force...

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