Free Motion for New Trial - District Court of Delaware - Delaware

Case 1:04-cv-01254-GMS

Document 226

Filed 04/27/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HARRY SMITH, JR. and ROSLYN WOODARD SMITH, Individually and as Administrators of The ESTATE OF HARRY SMITH, III, Plaintiffs, v. JOHN CIRITELLA, in his individual capacity and in his official capacity as a police officer of the Wilmington Police Department, THOMAS DEMPSEY, in his individual capacity and in his official capacity as a police officer of the Wilmington Police Department, and MATTHEW KURTEN, in his individual capacity and in his official capacity as a police officer of the Wilmington Police Department, Defendants. ______________________________________________________________________ PLAINTIFFS' MOTION FOR A NEW TRIAL ______________________________________________________________________ CIVIL ACTION NO. 04-1254-GMS

Come now the Plaintiffs, by their attorneys, and move this honorable Court for an order granting them a new trial, altering or amending the judgment, and/or granting them judgment notwithstanding the jury verdict because: 1) the jury did not follow the law given to it by the Court because its verdict is not supported by the evidence presented at trial; and 2) the jury verdict was published in a local newspaper prior to being announced in open court. Plaintiffs' brief in support of this motion is attached hereto. Dated this 27th day of April 2007.

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Case 1:04-cv-01254-GMS

Document 226

Filed 04/27/2007

Page 2 of 2

Respectfully submitted, Plaintiff's Attorneys s/ Anne T. Sulton Anne T. Sulton Appearing Pro Hac Post Office Box 2763 Olympia, WA 98507 Telephone: (609) 468-6029 E-Mail: [email protected] Local Counsel: Kester I.H. Crosse [Bar I.D. 638] 1214 King Street, Suite 300 Wilmington, DE 19801 Telephone: (302) 652-3141 E-Mail: [email protected]

CERTIFICATE OF SERVICE I hereby certify that on April 27, 2007, I electronically filed with the Clerk of Court using CM/ECF which will send notification of such filing(s) to the following: Attorney John Parkins E-mail [email protected]

/s/ Anne T. Sulton Anne T. Sulton

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