70% Remittitur is Too Much to Preserve Verdict Integrity, per Eastern Section - Articles

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Posted by: Kreis White & Christy Gibson on Nov 27, 2013

LOUIS W. ADAMS v. MEGAN ELIZABETH LEAMON ET AL.
Court: TN Court of Appeals

Attorneys:

Dan Channing Stanley and Eric B. Foust, Knoxville, Tennessee, for the appellant, Louis W. Adams.

Paul Campbell, III, Chattanooga, Tennessee, for the appellees, Megan Elizabeth Leamon and Cynthia Karlette Leamon.

Nathan Evans, Chattanooga, Tennessee, for the appellee, State Farm Mutual Automobile Insurance Company.

Judge: FRIERSON

This is a motor vehicle accident case wherein the jury’s verdict resulted in an award of compensatory damages to the plaintiff of $317,000.00. The defendants filed a motion seeking a new trial or, in the alternative, a remittitur of the amount of damages awarded. The trial court granted the remittitur, finding that the damages awarded by the jury were excessive and unsupported by the evidence. The trial court also ruled that if the plaintiff rejected the remittitur, a new trial would be awarded. The plaintiff accepted the remittitur under protest, subsequently filing the instant appeal. We vacate the trial court’s judgment and remand this case for a new trial solely on the issue of damages.

.PDF Version of Case

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