Alexandria Kazarian v. New London County Mutual Insurance Company

Syllabus

The plaintiff, Alexandria Kazarian (plaintiff or Ms. Kazarian), appealed from a judgment of the Superior Court on a jury verdict in favor of the defendant, New London County Mutual Insurance Company (defendant or New London), in this negligence action involving a trip-and-fall accident in the vicinity of property owned by the defendant's insured. Ms. Kazarian challenged the trial justice's decisions denying her motions for judgment as a matter of law and a new trial on the grounds that the uncontradicted evidence presented at trial proved the defendant's liability. She also argued that the trial justice erred by informing the jury that a redacted version of a deposition transcript was not available. The Supreme Court concluded that the trial justice's denial of the motion for judgment as a matter of law was appropriate because reasonable minds could differ as to whether a negligent condition existed on the day in question. The Court also perceived no error in the trial justice's decision to deny the motion for a new trial because the trial justice conducted the appropriate analysis and ultimately agreed with the jury's conclusion. Finally, the Court determined that the plaintiff waived the issue of whether the trial justice erred by informing the jury that a redacted version of a deposition transcript was not available by failing to provide meaningful analysis of the issue on appeal. Accordingly, the Court affirmed the judgment of the Superior Court.