Dale A. Daigle v. City Portsmouth. Dale A‪.‬

These are appeals taken from two superior court judgments, entered after trials of related actions arising from an assault allegedly committed on the plaintiff by one or more police officers. Gray, J., presided over the first trial, which consolidated actions brought by Dale Daigle against the City of Portsmouth, the Town of Newington and six named police officers employed by those municipalities. This ended with a jury verdict against the City of Portsmouth under the rule of respondeat superior, predicated on findings that Portsmouth police officer Albert Pace committed the assault on Daigle while acting within the scope of his employment. Thereafter, a second jury trial was held before Nadeau, J., in an action seeking damages against Albert Pace personally, which resulted in a verdict for the defendant. In its appeal from the first judgment, the city seeks reversal or other relief because of trial and post-trial errors, and because of the inconsistency of the verdict with the verdict in the second trial. Daigle cross-appeals the court's denial of attorney's fees. In his appeal from the second judgment, Daigle urges reversal on the ground that the principle of collateral estoppel entitled him to judgment against Pace on the issue of liability. We affirm each judgment.