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Additur Law
 
David Pittington v. Great Smoky Mountain Lumberjack Feud, L.L.C. Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Plaintiffs who successfully prove that they
were fired in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) are
presumptively entitled to back pay for the amount they would have earned had they not been
unlawfully terminated. Such awards are intended to compensate fully plaintiffs for the wrongs
that they suffered. For the same reason, an award of prejudgment int... More...
   $0 (01-26-2018 - TN)

Grady's Quality Excavating, Inc. Alliance Streetworks, Inc.

¶1 Grady’s Quality Excavating, Inc. (“Grady’s Excavating”)
appeals from a superior court judgment entered in favor of Alliance
Streetworks, Inc. (“Alliance”) and American Specialty Insurance Company
on all counts, awarding Alliance attorney’s fees and costs, and denying
Grady’s Excavating’s Motion for New Trial and/or Additur.1
FACTS AND PROCEDURAL BACKGROUND
¶2 Grady’s Exc... More...
   $0 (01-02-2018 - AZ)

R.J. REYNOLDS TOBACCO COMPANY v. GWENDOLYN E. ODOM, Personal Representative of the ESTATE OF JUANITA THURSTON

Plaintiff filed suit against RJR asserting membership in the Engle class because her mother died from lung cancer “caused by her addiction to cigarettes.” In her suit, Plaintiff alleged causes of action for strict liability, negligence, fraud by concealment, and conspiracy to commit fraud by concealment. The case proceeded to trial in two phases. In the first phase, the jury was asked to: 1) de... More...   $0 (12-03-2016 - FL)

Bay Point Properties, Inc. f/k/a BP Properties, Inc. v. Mississippi Transportation Commission and Mississippi Department of Transportation

In 1952, the Mississippi State Highway Commission, MTC’s predecessor, acquired
an easement over certain property of Wallace Walker for “all highway purposes” by an
agreed judgment.3 The property was used to reconstruct a bridge spanning the Bay of St.
Louis, between Pass Christian and Bay St. Louis, after the bridge had burned in 1948.4 After
Hurricane Katrina destroyed the bridge ... More...
   $0 (07-26-2016 - MS)

Anne Payne v. CSX Transportation, Inc.

From 1962 until his retirement in 2003, Winston Carrol Payne was employed by CSX Transportation, Inc. (the “Defendant”) as a switchman, switch foreman, and brakeman in the railroad transportation department. Less than three years after his retirement, Mr. Payne was diagnosed with lung cancer. In 2007, he sued the Defendant under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51–60 (... More...   $0 (12-28-2015 - TN)

Donald E. Gates v. District of Columbia

Washington, D.C. - Exonerated defendant wrongfully convicted of rape and murder settles for $16.65 million

Donald E. Gates sued the District of Columbia, John Harlow, Norman Brooks and Ronald S. Taylor on civil rights violation theories under 42 U.S.C. 1983 claiming that he was wrongfully convicted of the rape and murder of a college student in 1981 and sentenced to life in prison for a c... More...
   $16650000 (11-21-2015 - DC)

Willie Battle et al. v. State of Rhode Island

This action arises from injuries plaintiff suffered as a result of a fall while he was
incarcerated at the Adult Correctional Institutions (ACI). On February 14, 2007, plaintiff and
approximately 150 of his fellow inmates were conducted on foot as part of a routine “movement”
of inmates from the cellblocks to the ACI’s medium-security education facility. There, plaintiff
had b... More...
   $0 (10-21-2015 - RI)

Jessica Chan v. Peter Curran

After plaintiff and appellant Jessica Chan’s mother died from internal
hemorrhaging related to Coumadin use following heart surgery, Chan successfully sued
defendant and respondent Peter Curran for medical malpractice. Neither the sufficiency
of the evidence to support the malpractice verdict, nor any other issue associated with the
trial and the rendition of the jury verdict, is... More...
   $0 (06-09-2015 - CA)

Equal Employment Opportunity Commission v. Breverage Distributors Company, LLC

This case involves a claim of employment discrimination. Mr.
Michael Sungaila, who is legally blind, worked for Beverage Distributors
Company. When his position was eliminated, Mr. Sungaila obtained a
higher-paying job in the company’s warehouse. But, Mr. Sungaila’s
employment was conditioned on passing a physical examination.
Mr. Sungaila passed the physical. But, the exam... More...
   $0 (03-16-2015 - CO)

Pacific Corporate Group Holders, LLC v. Thomas Peck

Pacific Corporate Group Holdings, LLC (PCGH) brought this action against its former employee, Thomas Keck, seeking to collect on a promissory note. Keck defended against the action by claiming that any money that he owed PCGH was offset by monies that PCGH owed him. Keck also filed a cross-complaint against PCGH seeking damages for unpaid bonus and severance payments that he claimed were due to hi... More...   $0 (12-12-2014 - CA)

Susan Kerlin v. Shara D. Hunt

¶1 This is an appeal by Plaintiff/Appellant Susan Kerlin (Mother) as mother and next friend of RJK, a minor (RJK) (or collectively, Plaintiffs)1 from a Judgment accepting a jury verdict and an Order of the District Court of Oklahoma County denying Plaintiffs' motion for a new trial.2

Plaintiffs argue the trial court erred in refusing to grant a new trial because the verdict for the damages... More...
   $0 (09-30-2013 - OK)

Louis C. Prager v. Campbell County Memorial Hospital

This appeal arises from a diversity action based on a claim of medical negligence.

The injured plaintiff, Louis Prager, alleged that Campbell County Memorial Hospital and its employee, Dr. Brian Cullison (together, the Hospital Defendants), negligently failed to diagnose Mr. Prager’s broken neck following an automobile accident, resulting in serious nerve damage to his left arm. After a l... More...
   $7000000 (08-12-2013 - WY)

Paul D. Pugliese and Regional Hospitalists, Inc. v. Charles Terek

Paul D. Pugliese and Regional Hospitalists, Inc. (“Defendants”) appeal from an unsupported order granting a new trial on damages.1 We reverse the order granting a new trial and remand with directions to reinstate the jury’s verdict. A review of the record shows the evidence presented at trial is conflicting and the jury could have reached its verdict consistent with the evidence. We, therefo... More...   $0 (07-10-2013 - FL)

Estate of Dow Chasan v. Farmers Insurance Exchange

¶1 This appeal addresses whether a judgment finally obtained by plaintiff Cynthia Chasan was more favorable than a written settlement offer she rejected a dozen years ago (which implicates the successful party determination for a statutory attorneys’ fees award and eligibility for sanctions following an offer of judgment) and the proper dates and rates for interest in three judgments. Finding t... More...   $0 (05-23-2013 - AZ)

Sarah Badahman Catering St. Louis

The jury returned a verdict in favor of Sarah Badahman and against Catering St. Louis and its president, Mark Erker (collectively "CSL"), in the amount of $11,250 for compensatory damages and $2,000 for punitive damages. Badahman filed a motion for additur or, in the alternative, a new trial pursuant to § 537.068,1 Rule 78.01, and Rule 78.02. The circuit court sustained Badahman's motion and gave... More...   $0 (04-09-2013 - MO)

Geico Indemnity Company v. Pollie DeGrandchamp

A jury awarded damages to Appellee Pollie DeGrandchamp for injuries she suffered when her car was struck from behind by another car. Appellant, GEICO Indemnity Company, which provided uninsured/underinsured motorists' coverage to DeGrandchamp, raises three issues in this appeal from the judgment entered against it and in favor of DeGrandchamp; however, we find merit only in GEICO's argument that t... More...   $0 (12-10-2012 - FL)

Donetta I. Kafader v. Kimberly A. Baumann

Donetta I. Kafader appeals from the district court’s order denying her motion for additur or, in the alternative, for a new trial following a jury verdict in her favor. For the reasons set forth below, we reverse and remand.

I.

FACTS AND PROCEDURE

Kafader brought this action seeking damages for personal injuries arising from a car collision with Kimberly A. Baumann. On Octob... More...
   $0 (11-28-2012 - ID)

Amy C. Miller v. Carolyn N. Johnson, M.D.

Amy C. Miller sued her doctor, who mistakenly removed her left ovary during a laparoscopic surgery intended to take the right ovary, and a jury awarded her $759,679.74 in damages. But the district court reduced that amount by $425,000 because of a state law limiting noneconomic damages in personal injury lawsuits and a posttrial ruling finding her evidence of future medical expenses insufficient. ... More...   $0 (10-25-2012 - )

Don Johnson Productions, Inc. v. Tysher Entertainment

Defendants, Rysher Entertainment, LLC, 2929 Entertainment, LP, and Qualia Capital, LLC, appeal from a judgment entered in favor of plaintiff, Don Johnson Productions, Inc. On December 7, 1994, plaintiff and Rysher Entertainment, LLC entered into a contract for the services of an actor, Don Johnson. Entitled the ―Term Agreement‖ (the contract), it provided for production of the ―Nash Bridgesâ... More...   $0 (10-01-2012 - CA)

Ruby Saunders v. Willis Dickens, M.D.

On consideration of appellant’s motion for rehearing, we withdraw the previous opinion and substitute the following.1 In this medical malpractice action, appellant Ruby Saunders, individually and as personal representative of the Estate of Walter Saunders, timely appeals a final judgment entered on a defense verdict in favor of appellee, Willis Dickens, M.D. (“Dr. Dickens”). Appellant also a... More...   $0 (09-27-2012 - FL)

Pemiola Demiraj v. Tom Uljaj

The plaintiffs, Pemiola Demiraj, individually and doing business as Eagle Agency, and Halim Demiraj, appeal from the judgment of the trial court, following a jury trial, in favor of the defendants, Tom Uljaj, Eli Gjezo and Adriatic Eagle Air Corporation (Adriatic). On appeal, the plaintiffs claim that the court improperly directed a verdict in favor of the defendants on two counts alleging violati... More...   $0 (09-16-2012 - CT)

Monique Roman v. Western Manufacturing, Inc.

A jury found Western Manufacturing, Inc. liable to Dorel Roman under the Louisiana Products Liability Act for injuries caused by a defect that rendered one of its stucco pumps unreasonably dangerous. Western argues the expert testimony underlying Roman’s case was inadmissible under the Federal Rules of Evidence and insufficient under Louisiana law to sustain liability; it also argues the distric... More...   $0 (08-21-2012 - LA)

Publix Super Maarkets, Inc. v. William Worley

Appellant, Publix Super Market, Inc., appeals the trial court's order granting Appellee, William Worley, a new trial after Worley rejected an additur of $20,000 for past non-economic damages. Publix contends that the trial court abused its discretion in granting Worley an additur and, by extension, a new trial on damages because the evidence adduced at trial supported the jury's decision not to aw... More...   $0 (06-01-2012 - FL)

Matthew Campbell v. Ashley Robinson

These cross appeals arise out of a broken engagement between Matthew Campbell and Ashley Robinson. Campbell appeals the trial court's (1) denial of his motions for directed verdict and judgment notwithstanding the verdict (JNOV) and (2) overruling of his objections to the jury charge and verdict form. Robinson appeals the trial court's denial of her post-trial motions. We affirm in part, reverse i... More...   $0 (05-09-2012 - SC)

Jack Sunahara, Jr. v. State Farm Mutual Automobile Insurance Company

¶1 We review the court of appeals’ unpublished decision in Sunahara v. State Farm Mutual Automobile Insurance Co.,No. 09CA0599, slip op. (Colo. App. May 6, 2010) (not selected for official publication), to determine: (1) whether the court of appeals erred under Colorado’s collateral source doctrine when it admitted evidence of the amounts paid by Respondent State Farm Mutual Automobile Insu... More...   $0 (04-30-2012 - CO)

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