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Skene v. Beland6/10/2003
ation of the "interaction." The trial justice then reminded Howerton that
"when an expert testifies - and you apparently have experience in this regard - you know that an expert cannot offer an opinion to a jury, unless that opinion is based upon reasonable scientific, or in your case, engineering certainty and probability, not possibility. And I asked you the question before: Do you have an opinion, with a reasonable degree of engineering certainty, as to whether there was a prior impact between these vehicles? And I understood that you said you did not have such an opinion. Am I incorrect? Because I'll stand corrected, and we'll send the jury out."
Howerton asked for an opportunity to explain his theory again to the trial justice, and the trial justice excused the jury for a second time.
In her admonitions to Howerton, the trial justice merely was trying to explain his role as an expert witness. Furthermore, she ordered a transcript of the hearing to make sure that she had not made any prejudicial or inappropriate comments in the jury's presence. After reviewing the transcript, the trial justice said that " felt comfortable that had not prejudiced the case; and that the only one who was attempting to prejudice the case and cause a mistrial was Mr. Howerton." Additionally, on the next day of trial, she reminded the jurors that they are the sole finders of the facts of the case and that comments of counsel or the court should not influence their decision. Therefore, because the trial justice's conversation with Howerton in front of the jury was not clearly wrong and because the trial justice was in the best position to determine the effects of that conversation on the jury, we defer to her decision.
IV. New Trial
"It is well established that the trial justice acts as a 'superjuror' in considering a motion for a new trial." Saber v. Dan Angelone Chevrolet, Inc., 811 A.2d 644, 652 (R.I. 2002) (quoting Rezendes v. Beaudette, 797 A.2d 474, 477-78 (R.I. 2002)). In doing so, the trial justice "reviews the evidence, comments on the weight of the evidence and the credibility of the witnesses," and exercises her independent judgment in either granting or denying a motion for a new trial. Id. (quoting Rezendes, 797 A.2d at 477-78). If the trial justice concludes that the evidence is evenly balanced or that reasonable minds could differ on the verdict, she should not disturb the jury's decision. Id. We will not disturb that determination unless the trial justice has overlooked or misconceived material and relevant evidence or was otherwise clearly wrong. Id.
This Court is confident that the trial justice properly reviewed and ruled on the motion for a new trial. She thoroughly reviewed the facts and testimony at issue and clearly reiterated the legal foundation upon which she placed her decisions. Furthermore, she concluded that the "verdict was so clearly consistent with the evidence that, if they had gone the other way, would have granted a motion for a new trial." Therefore, we conclude that the trial justice did not overlook or misconceive any material or relevant evidence.
Conclusion
Accordingly, we deny and dismiss the plaintiff's appeal and affirm the judgment of the Superior Court. The papers of the case may be returned to the Superior Court.
Justice Flaherty did not participate.
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