The appellant appealed a trial judgment following a jury verdict in a motor vehicle accident case.
The appellant argued the trial judge erred by suggesting a Town official's expected evidence regarding traffic light timing was expert opinion, and by recalling and recharging the jury after their initial verdict stated the respondent 'may have had an opportunity to avoid colliding'.
The Court of Appeal dismissed the appeal, finding the trial judge had not ruled on the admissibility of the uncalled witness's evidence, and properly recharged the jury because the initial verdict did not meet the legal definition of negligence.
