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556 A.2d 655

Boothby v. Dudley

Supreme Judicial Court of Maine

Decided April 6, 1989

Supreme Judicial Court of Maine · decided 1989-04-06

Relies on Werner v. Lane

Decided 1989-04-06

MEMORANDUM OF DECISION.

¶1Plaintiff Mark Boothby appeals from an order of the Superior Court (Cumberland County; Cole, J.) denying his motion for a new trial. On this record the jury rationally could find that the plaintiff’s negligence was equal to or greater than that of the defendant; the court properly held there was no error in the bifurcated trial or in the closing argument of the defendant. Accordingly, the trial court did not abuse its discretion in denying the motion. See Werner v. Lane, 393 A.2d 1329, 1332 (Me.1978).

¶2*656The entry is:

¶3Judgment affirmed.

¶4All concurring.

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