Remittitur Law
 
W. Mullins v. Qualkenbush

Merle Mullins appeals the trial court's grant of a new trial limited solely to the issue of damages. In particular, Mullins contends that because liability was hotly contested and the evidence could have supported a verdict for either party, the trial court should have granted a new trial on the issues of liability and damages. Because we find that liability was hotly contested and the evidence co

More...   $0 (11-06-2002 - IN)

Automek, Inc. D/B/A Auto Check #5 v. Domingo Orandy and Miquel Saldana

Appellees, Domingo Orandy and Miguel Saldana, brought this action against appellant, Automek, Inc. D/B/A Auto Check #5, for conversion of a 1987 minivan. The jury found that Auto Check converted the minivan and awarded damages to Saldana in the amount of $3400 and to Orandy in the amount of $1700. Each appellee was also awarded attorney's fees. Auto Check sought a remittitur of the judgment. Th

More...   $0 (03-13-2003 - TX)

Harry A. Kinzinger, Jr. v. Robert A. Tull

In September 1998, plaintiff, Harry A. Kinzinger, Jr., filed suit against defendant, Robert A. Tull, alleging defendant negligently operated his vehicle causing an automobile accident that resulted in injuries to plaintiff. After defendant confessed liability, the trial court held a September 2000 jury trial on the sole issue of damages, and the jury awarded plaintiff $900,000.

Defendant

More...   $829648 (05-17-2002 - IL)

Moore, Moore v. Bi-State Development Agency

Bi-State Development Agency (Bi-State) appeals from a jury verdict and trial court judgment entered in favor of Bryant Moore, Jr. (Moore), by and through his next friend and father Bryant Moore, Sr., on his petition for damages for personal injuries alleging that Bi-State failed to discharge Moore from its bus in a safe place. We affirm the trial court judgment and dismiss Moore's cross-appeal.

More...   $0 (07-16-2002 - MO)

Buckholtz vs MacNeal Hospital

Plaintiff Natalie Buckholtz brought this medical malpractice action against several defendants, including MacNeal Hospital (MacNeal), Yousuf Sayeed, M.D., and Janyce Blatt, C.R.N.A., after her father, Frank Stajszczyk, died at MacNeal following surgery. A jury returned a verdict in favor of plaintiff and the court entered judgment. Defendants(1) filed post-trial motions for judgment notwithstan

More...   $0 (01-31-2003 - IL)

Cindy Carter and Piper-Morgan Associates, et al. Vs. Steverson & Company, Inc.

This is an appeal from a jury verdict rendered for plaintiffs/appellees/cross-appellants, Steverson & Company, Inc., individually and/or d/b/a Steverson Staffing Services (Steverson), on various breach of contract claims against Cindy Carter and Piper-Morgan Associates, Individually and d/b/a AEI Professional Temporaries, and Administrative Exchange, Inc., individually and d/b/a AEI Professional

More...   $0 (03-06-2003 - TX)

Jarrow Formulas v. LaMarche

This is an appeal and a cross-appeal from an order denying a special motion to strike under Code of Civil Procedure section 425.16. In their appeal defendants, Mark Brutzkus, an attorney, and his client, Sandra Hogan LaMarche individually and doing business as The Network, contend the trial court erred in finding a malicious prosecution complaint could not be subject to a special motion to st

More...   $0 (03-25-2002 - CA)

Katherine Navarre v. South Washington County Schools, et al.

Katharine Navarre, a former teacher in the South Washington County School District, sued the school district, her supervisors, and Northwest Publications d/b/a Pioneer Press for defamation and for intentional and negligent infliction of emotional distress. Navarre also asserted a claim against the school district for violating the Minnesota Government Data Practices Act (MGDPA) by releasing

More...   $200000 (03-06-2003 - MN)

Spirit of Excellence, Ltd. v. Intercargo Insurance Co.

Plaintiff-appellant and cross-appellee, Spirit of Excellence (SOE), through a trustee in bankruptcy, appeals the grant of a motion to reconsider a prior summary judgment favoring SOE, and entry of summary judgment for defendant-appellee and cross-appellant, Intercargo Insurance Company (Intercargo). SOE also appeals the order in favor of defendant-appellee, Abaco International Shippers, Inc. (A

More...   $0 (09-26-2002 - IL)

Mason v. Ford Motor Company

Defendant-Appellant Ford Motor Company ("Ford") appeals a jury verdict awarding $9,003,000 to Plaintiff-Appellee Richard Rodgers Mason, as sole surviving parent and administrator of the estate of his son, Richard Robert Mason ("Dick Bob"), in connection with an automobile crash in which Dick Bob died. Ford contends that (i) the district court erred in denying Ford's motion for a new trial based on

More...   $9003000 (09-24-2002 - GA)

Sassam Sassoon, Individually and d/b/a Sassoon Properties Investment Group, Inc. vs. Herbert Thompson d/b/a Herbert Thompson Roofing Company

In April of 1999, Sassoon contracted with Thompson to repair and replace a section of roof on a commercial building it owned. The contract provided as follows: We hereby propose to furnish all the materials and perform all the labor necessary for the completion of:

Tare [sic] off old roof, and sweep clean. Nail a base sheet, with special type galvanized nails. Hot mop one layer of fibergl

More...   $0 (02-20-2003 - TX)

Normil Normius v. Eckerd Corporation

Normil Normius appeals from a final judgment that granted a directed verdict as to his claim for intentional infliction of emotional distress and a directed verdict and remittitur for damages of one hundred dollars as to his claim for false imprisonment. He raises several issues in this appeal, and Eckerd raises one issue in its cross-appeal. We affirm the directed verdict on the claim for inte

More...   $110000 (03-15-2002 - FL)

Oswald Carrol v. Allstate Insurance Company

This case arises from a dispute between the plaintiff, Oswald Carrol, and the defendant, Allstate Insurance Company, his property insurance carrier, concerning the origins of a fire at the plaintiff's home. The defendant appeals1 from a judgment for the plaintiff rendered after a jury trial, in which the jury awarded the plaintiff damages for intentional and negligent infliction of emotiona

More...   $500000 (02-17-2003 - CT)

Honda of America Manufacturing, Inc., et al. v. Brian Norman, etc.

This is a products liability suit. A jury awarded Brian Norman, individually and as sole administrator of the estate of Karen Leslie Vivienne Norman, deceased, and Mary Norman, individually, (the Normans) $65 million in compensatory damages in a suit the Normans brought against Honda of America Manufacturing, Inc. and Honda R&D Co., Ltd., after the Normans’ daughter, Karen Norman, drowned in

More...   $0 (02-07-2003 - TX)

James Breiner v. Daka, Inc.

This appeal arises from the Superior Court's denial of James Breiner's motion for attorneys' fees following a jury award in his favor in an age discrimination action against Daka, Inc. The trial court based its ruling on Superior Court Civil Rule 54 (d)(2)(B), which requires that a motion for fees be filed within fourteen days of entry of judgment. Breiner's principal contention on appeal is t

More...   $400000 (08-29-2002 - DC)

Quigley Company, Inc. v. Miguel Agustin Calderon

Appellee, Miguel Agustin Calderon, began working at the Phelps-Dodge copper refinery in El Paso in 1954. While at Phelps-Dodge, Appellee worked as a laborer, helper, mechanic, welder, pipefitter, boiler maker, insulator, brick layer, blacksmith, sand blaster, and painter. He was exposed to Insulag, an insulating cement that included asbestos, almost daily during the 1950's and 1960's. Appellant

More...   $1894758 (01-24-2003 - TX)

Flight Safety International Incorporated v. Los Angeles County Assesment Appeals Boards

SUMMARY

Under Revenue and Taxation Code section 1604, a county assessment appeals board must hear and decide a taxpayer's application for reduction of an assessment within two years of the application. If the appeals board fails to act within two years, the taxpayer's opinion of value becomes the assessed value, both for the year listed in the application and for subsequent

More...   $0 (01-21-2003 - CA)

Felipe G. Juarez v. ACS Government Solutions Group, Inc. and Affiliated Computer Services, Inc.

Appellee Felipe Juarez, a Hispanic computer operator, began working for ACS in October 1995. During his employment, ACS consistently gave him high scores in formal performance evaluations. He received ratings of mostly "outstanding" and "exceeds requirements" in evaluation categories. In his last comprehensive performance evaluation, his immediate supervisor specifically stated that "Mr. Juarez is

More...   $272500 (01-08-2003 - OK)

Century 21 Real Estate Corporation v. Miraj International Investment Corp. and Armond Azharian

Meraj International Investment Corporation ("Meraj"), doing business as Realty Professionals of America, operated two real estate offices under franchise agreements with Century 21 Real Estate Corporation. After a dispute arose regarding the amount of franchise fees owed and the continued use of the Century 21 name by one of the real estate offices, Century 21 sued Meraj for breach of contract and

More...   $700000 (01-08-2003 - CO)

Teresa Cox, etc., et al. v. Flint Board of Hospital Managers

In this medical malpractice case, we consider two issues: 1) whether a court may instruct a jury that it may find a hospital vicariously liable for the negligence of a "unit" of the hospital, and 2) whether MCL 600.2912a sets forth the standard of care for nurses in malpractice actions and, if so, which standard applies.

We hold that vicarious liability may not be premised on the negligenc

More...   $0 (07-25-2002 - MI)

William S. Gomez v. Construction Design, Inc.

Construction Design, Inc. (CDI), appeals from the trial court's judgment for the respondent, William Gomez, in the remitted amount of $2,760,000 on a jury verdict awarding him $3,760,000 in compensatory damages for injuries he suffered from a fall at the ADM Soybean Processing Plant in North Kansas City, Missouri. At the time of the fall, Gomez was working, as a "pipefitter helper," for TMS, Inc.

More...   $0 (12-27-2002 - MO)

George F. Hillenbrand, Inc., et al. v. Insurance Company of North America, et al.

A jury found that Aetna Insurance Company maliciously prosecuted two lawsuits against the insureds, George F. Hillenbrand, a framer, and his company, George F. Hillenbrand, Inc. The Insurance Company of North America (INA) handled the investigation and processing of the claim, as well as the prosecution of the lawsuits against Hillenbrand, but the trial court granted INA's motion for a direct

More...   $4445000 (12-20-2002 - CA)

Jewel Othman v. Wal-Mart Stores, Inc.

Defendant, Wal-Mart, Inc., appeals from the judgment of the trial court, entered pursuant to a jury verdict, in favor of plaintiff ad litem, Jewell Othman, in an action for personal injuries sustained by her husband, John Othman, in a fall on Wal-Mart's premises. We affirm. Viewed in the light most favorable to the verdict, the evidence established that Jewell and John Othman went to a Wal-Mart s

More...   $125000 (12-03-2002 - MO)

Todd Erdman and Tracy Erdman v. Condaire, Inc., and Sachs Electric Company

Plaintiffs, Todd Erdman and his wife, Tracy Erdman, brought a suit against Condaire, Inc., and Sachs Electric Company to recover damages for injuries Todd Erdman sustained in a fall through an opening in the floor of a building under construction. The jury returned a verdict in favor of Todd Erdman for $700,000 and Tracy Erdman for $235,000 on her separate consortium claim. Condaire, Inc., and Sac

More...   $0 (12-03-2002 - MO)

Kristy Childress v. Brian D. Buckler

On September 16, 1998, Buckler, who resided in Albany, Indiana at the time, was traveling northbound in his vehicle on State Road 37 in Elwood, Indiana. At the same time that Buckler passed a grocery store parking lot, Childress exited the parking lot in her vehicle. Childress faced west and intended to turn left onto southbound State Road 37. The right front of Childress' vehicle struck the right

More...   $4149 (11-26-2002 - IN)

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AK Morlan
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