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Lang v. Morant1/13/2005
ew trial on this basis sua sponte.
III.
We are mindful that this litigation is marked by a lengthy and convoluted procedural history, and is complicated factually by the driver's anonymity.
Confronted with this confusing scenario, drawn out over a period of four years, we can understand the trial judge's frustration over the parties' inability to find "Lewis." Ultimately, however, we must conclude that the trial judge's original instinct to send the agency question to the jury was correct.
The judgment of the Superior Court ordering a new trial, all subsequent rulings, and the second jury verdict are VACATED. We therefore REMAND with instructions to reinstate the original jury verdict and enter judgment for Lang. Jurisdiction is not retained.
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