Case Caption: John P. Charles v. Aisha PayneCase Number: S. Ct. Civ. No. 2018-0012Date: 06/12/2019Author: Hodge, Rhys S. Citation: 2019 VI 20Summary: In a personal injury action by a woman who slipped on stairs and suffered personal injuries, including loss of an unborn baby, the Superior Court did not err in denying the defendant apartment building owner’s motion to dismiss and his renewed after a jury returned a verdict for the plaintiff. The notice of appeal was timely under Appellate Rule 5(a)(4), given the highly unique and unusual procedural posture of this case. The defendant waived his argument for judgment as a matter of law and dismissal under the terms of the lease agreement by perfunctory argument, and failure to raise the lease indemnification argument in his pre-verdict motion. He also waived the argument that there was insufficient evidence of negligence because – while this contention was made in in a pre-verdict motion – it was not made in his renewed Rule 50(b) motion. The judgment of the Superior Court entered upon the jury verdict in this case is affirmed.
Attachment: Open Document or Opinion