Sentences with word «additur»

A Roanoke City Circuit Court denies plaintiff's motion for additur in this case in which liability was admitted but plaintiff pleaded no special damages and the jury awarded $ 0.00.
Thus, the trial court's additur regarding past pain and suffering was appropriate.
Similarly, the doctrine of additur comes into play if the damage award is inadequate.
August 24, 2005 909 So.2 d 464 2005 As the appellee concedes, the lower court erred when it granted a new trial on damages alone, in this slip - and - fall case, without first granting a motion for additur.
On appeal, the defendant claimed that the plaintiff should not have been entitled to the additur on either claim.
The plaintiff requested an additur on both claims, and the trial judge granted the request.
Thus, the jury was acting within its power to reject the plaintiff's claim for future pain and suffering, and an additur was not appropriate for this claim.
The verdicts are ranked based on gross award calculated by the jury, and not reflect reductions for comparative negligence or assignment of fault to settling defendants or nonparties; additurs, remittiturs or reversals; or attorney fees and costs, unless awarded by the jury.
Improbably, Plaintiff's attorney appealed, arguing that the damages award was inadequate as a matter of law and the trial court should have awarded damages (additur) or awarded a new trial.
As the appellee concedes, the lower court erred when it granted a new trial on damages alone, in this slip - and - fall case, without first granting a motion for additur.
If the judge agrees with the requesting party, the judge will order an additur (an increase) or a remittur (a decrease) in the award amount.
When a party asks a judge to order an additur or remittur, the judge will consider certain factors, which are outlined in section 768.74.
Then, the party that requested the additur or remittur has the choice of accepting the revised award amount, or, if they believe the result to still be unsatisfactory, a new trial on the issue of damages will be ordered.
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