
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT        No. 96-1522                                   ELAINE OLIVEIRA,                                Plaintiff, Appellant,                                          v.                              U-HAUL COMPANY OF INDIANA,                                 Defendant, Appellee.                                                                                      ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                           FOR THE DISTRICT OF RHODE ISLAND                     [Hon. Ernest C. Torres, U.S. District Judge]                                             ___________________                                                                                      ____________________                                        Before                                 Cyr, Circuit Judge,                                      _____________                     Aldrich and Campbell, Senior Circuit Judges.                                           _____________________                                                                                      ____________________             Timothy D. O'Hara, with whom Resmini, O'Hara, Cantor & Resmini             _________________            _________________________________        was on brief for appellant.             Jeffrey C. Schreck, with whom Brown, Rudnick, Freed & Gesmer was             __________________            ______________________________        on brief for appellee.                                                                                      ____________________                                  December 17, 1996                                                                                      ____________________                    Per  Curiam.    Plaintiff  Elaine  Oliveira  appeals  a                    Per  Curiam.                    ___________          district court ruling denying  a new jury trial, see Fed. R. Civ.                                                           ___          P.  59, on  her  tort claim  against  U-Haul Company  of  Indiana          alleging  that U-Haul was jointly  and severally liable for inju-          ries she  sustained when struck by a U-Haul vehicle.  As the jury          found  that the driver was not negligent, judgment entered for U-          Haul.  Oliveira claims the verdict went against the weight of the          evidence.                     We review the denial of a motion for new trial only for          abuse of discretion.  See Lamas v. Borras, 16 F.3d  473, 477 (1st                                ___ _____    ______          Cir.  1994) (no  abuse of  discretion unless  "the verdict  is so          clearly against  the weight  of the evidence  as to  amount to  a          manifest miscarriage  of justice.").   A  thorough review of  the          trial  record discloses  sufficient evidentiary  support  for the          verdict.  Since there was a genuine factual dispute as to whether          the driver's  reaction time  demonstrated negligence,  the jury's          verdict cannot  be considered a manifest  miscarriage of justice.          See id.           ___ ___                    Affirmed.                    ________                                          2
