S. Ct. Civ. No. 2015-0039

Considering an appeal from a jury verdict in plaintiff's favor in a personal injury case alleging claims for negligence and premises liability, as well as the denial of the defendant's motion to set aside the verdict, because the plaintiff introduced sufficient evidence of a breach of duty and causation, the evidence was sufficient to sustain the jury's verdict. Although the Superior Court erred by separately instructing the jury on negligence and premises liability, the error is both harmless and invited, given the defendant's representation to the Superior Court that the elements of negligence and premises liability are the same and its request that the Superior Court utilize a verdict form with only a single liability question. Further, while the Superior Court committed several errors with regard to plaintiff's expert testimony, these errors benefited the defendant, and thus cannot form the basis for a new trial. Declining to adopt the common-law doctrine of remittitur, the defendant's invitation to reduce the jury's damages award based on an independent weighing of the evidence on appeal is also refused. Accordingly, the Superior Court's May 12, 2015 judgment is affirmed.