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Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. Me. R. Evid. 403.
Albert Kaechele suffered injuries when he was assaulted at Xtra Mart by another customer. The trial court entered a judgment on a jury verdict finding that the negligence of Kenyon Oil Company, Inc., doing business as Xtra Mart, was a a proximate cause of the injuries. Xtra Mart argues that the trial court made several evidentiary errors and erred when it denied Xtra Mart's motion for a judgment as a matter of law or a new trial.
Did the court err in admitting evidence regarding Xtra Mart's previous calls to the Auburn Police Department, and in admitting evidence regarding two Xtra Mart employees' statements to the effect that the assault could have been avoided if they had acted more quickly to summon the police?
Judgment affirmed because the evidence was relevant, admissible, and its probative value outweighed any possible prejudice. Further, the evidence was sufficient for a jury to reasonably conclude that Xtra Mart were a cause of plaintiff's injuries and defendants were more negligent than the plaintiff.