KAREN JOHNSON v. BEVERLY NUNIS AND FARMER’S INSURANCE EXCHANGE - Articles

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Posted by: Tanja Trezise on Apr 27, 2012

Court: TN Court of Appeals

Attorneys 1:

Martin W. Zummach, Germantown, Tennessee for Plaintiff/Appellant, Karen Johnson

Attorneys 2:

Christopher M. Myatt, Memphis, Tennessee for Defendant/Appellee, Beverly Nunis

Robert L. Gatewood, Jr., Memphis, Tennessee for Appellee/Cross-Appellant, Farmer’s Insurance Exchange

Judge(s): KIRBY

This appeal involves remittitur of a jury verdict. The defendant driver caused a vehicular accident that resulted in substantial personal injuries to the plaintiff. At trial, several witnesses testified to the amount of the plaintiff’s economic damages as well as the noneconomic impact of her injuries. After a trial, the jury returned a special verdict with awards for various categories of economic and non-economic damages. The trial court denied the defendant insurance company’s motion for a new trial but suggested an overall remittitur as to the total verdict. The plaintiff accepted the remittitur under protest and filed this appeal. We affirm the denial of a new trial, reverse the suggestion of remittitur, and reinstate the original jury verdict.

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