Knecht V. Marzano

Carl Knecht is suing as guardian ad litem for his son Timothy, age 3, to recover damages for personal injuries sustained when the minor ran across a residential street and was struck by a car driven by the defendant, Pearl Marzano. The trial jury returned a verdict for the defendant. Thereafter, the trial judge heard argument of counsel and, acting under Rule of Pleading, Practice and Procedure 59.04W(9), entered an order granting a new trial as follows: