AUNDREY MEALS, as Natural Parent, Guardian, and Next Friend of WILLIAM MEALS v. FORD MOTOR COMPANY - Articles

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Posted by: Suzanne Craig Robertson on May 18, 2012

Head Comment: CORRECTION to the DISSENT: The only changes are in the language in the first paragraph on page 1 and in the second and third paragraphs on page 7 but they caused the pagination to change.

Court: TN Court of Appeals

Judge(s): KIRBY

I concur with most of the majority’s thorough opinion. I must dissent from the majority’s decision to suggest a remittitur of the jury verdict, from a total $43.8 million to $12.9 million. Respectfully, nothing in the majority opinion states a basis under the law for such a remittitur. In the absence of a basis under the law for remittitur, I believe that the majority’s decision amounts to a policy determination, limiting the size verdict a jury may award. It may be that our Legislature can appropriately make such a policy decision, but the courts are not authorized to do so.