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Malinowski v. United Parcel Service3/11/2002
ier if plaintiff had exercised reasonable diligence, and (3) the evidence "discovered" was not material enough to affect the outcome of the trial.
The plaintiff has presented no evidence that the trial justice misconceived or overlooked material evidence or was otherwise clearly wrong in denying the plaintiff's motion for new trial based on newly discovered evidence.
Conclusion
Accordingly, the plaintiff's appeal is denied and dismissed and the judgment of the Superior Court is affirmed. The papers in the case are remanded to the Superior Court.
JUSTICES: Williams, C.J., Lederberg, Bourcier, Flanders and Goldberg, JJ.
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