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Additur Law
 
Tamatha M. Nealy v. American Family Mutual Insurance Company

Tamatha and Hannah Nealy (collectively, ―The Nealys‖) appeal the grant of American Family Insurance’s motion for setoff and the denial of their motion to correct error and for additur. We reverse and remand for entry of judgment in the amount of the verdicts the jury originally returned.1

FACTS AND PROCEDURAL HISTORY2

The Nealys were involved in a collision with a car Shada... More...
   $0 (08-11-2009 - IN)

Michelle J. Reid v. Michelle A. Hindt, et al.

In this appeal we consider whether the trial court violated plaintiff’s right to a jury trial by granting defendant’s motion for additur after a jury award of zero damages in a personal injury action. Appellant, plaintiff below, had moved for a new trial, and opposed the additur motion. Nonetheless, the Superior Court awarded $2,500 in additur, and gave defendant the option of consenting to th... More...   $0 (07-09-2009 - DE)

Tammy J. Adamson v. Kody J. Bicknell

Tammy J. Adamson appeals on a number of issues arising out of her personal injury suit against Kody J. Bicknell. Bicknell filed a cross-appeal with regard to a pretrial discovery determination made by the district court. For the reasons stated below, we reverse the district court's decision to deny Adamson's motion to amend petition to include punitive damages and accordingly remand for a new tria... More...   $0 (05-15-2009 - KS)

Michael Accetta v. Doris Provencal

This matter comes to us on the appeal of Michael Accetta and Michael Norato (collectively plaintiffs) after an unfavorable jury verdict in the Superior Court. The plaintiffs were involved in a car accident in Providence, Rhode Island, when Norato’s vehicle was hit from behind by Doris Provencal (defendant).1 Although the defendant admitted that she was liable, she denied that her negligence was ... More...   $0 (01-12-2009 - RI)

Robert J. Carlson v. Brandon M. Stanger, et al.

Robert J. Carlson appeals from a judgment awarding damages in a personal injury action. Specifically, Carlson challenges the district court’s orders denying his motions for a directed verdict; judgment notwithstanding the verdict (j.n.o.v.); an additur or, in the alternative, new trial; and an award of costs to Brandon Stanger. Carlson also argues he is entitled to attorney fees on this appeal. ... More...   $0 (11-14-2008 - ID)

Calvin Winchell d/b/a CGL Seafood, Inc. v. Renate Schiff, Trustee, Schiff Properties

In this appeal and cross-appeal, we primarily consider whether actual losses resulting from the conversion of inventory include the value of a lost business. We conclude that full recovery for actual losses includes not only the converted inventory, but also resulting damages such as the value of a lost business.

FACTS

Appellant/cross-respondent Calvin Winchell, d/b/a CG... More...
   $0 (10-09-2008 - NV)

Conrad J. Dell'oca, et al. v. The Bank of New York Trust Company, N.A.

The DFS Defendants and the Business Plan Robert E. Vener was the president, director and controlling shareholder of DynaCorp Financial Strategies, Inc. (DynaCorp), and the president, chief executive officer, chief financial officer and director of DFS Credit Corporation (DFSCC), a wholly owned subsidiary of DynaCorp. Beginning in 1994, these entities operated under a business plan designed to... More...   $0 (01-31-2008 - CA)

William L. Hanchett, Jr. and Cheryl Bajon St. Romain v. State of Louisiana

This highway defect suit was filed by the parents of a driver killed in a single vehicle accident on Highway 75 in Iberville Parish For the following reasons we amend and affirm as amended.

FACTS AND PROCEDURAL HISTORY

On August 28 1994 William L Little Billy Hanchett III was killed in an automobile accident on Highway 75 in Iberville Parish Little Billy had been out drinking ... More...   $125000 (12-05-2007 - LA)

Lloyd Ellender v. Theodore M. Bricker

Lloyd Ellender, the plaintiff in a personal injury action arising from a motor vehicle accident, appeals a final judgment based on a jury verdict against defendant Theodore M. Bricker which awarded past and future economic damages to Ellender. We affirm without comment the circuit court's denial of Ellender's motion for additur or new trial on the issue of economic damages, but we reverse an... More...   $0 (11-21-2007 - FL)

Hoa C. Nguyen, Plaintiff/Respondent v. Wesley T. Buffington, Defendant/Appellant.

The trial court entered a money judgment for Hoa C. Nguyen ("Plaintiff") against Wesley T. Buffington ("Defendant"). However, the court granted Plaintiff's amended motion for new trial, and Defendant appeals from the judgment granting a new trial. We reverse and remand.

A motor vehicle driven by Plaintiff and a motor vehicle driven by Defendant collided on August 5, 2001, and she sued him... More...   $12848 (11-08-2007 - MO)

Jean Smedberg v. Detlef's Custodial Services, Inc.

Plaintiff Jean Smedberg appeals from a jury verdict awarding her $0 for pain and suffering after she suffered cervical spine injuries in a slip and fall at her workplace. She argues that the jury's verdict was unsupported by the evidence and that the superior court therefore erred in denying her motion for a new trial or, in the alternative, for additur, pursuant to Vermont Rule of Civil Proc... More...   $0 (09-21-2007 - VT)

Millennium Partners, L.P., et al. v. Colmar Storage, LLC

Appellant Colmar Storage, L.L.C. ("Colmar") appeals from the final judgments entered by the District Court in favor of Appellees AIG Trading Corp. ("AIG"), Millenium Partners, LLP ("Millenium"), and One Beacon Insurance Company ("One Beacon").1 Colmar contends that the District Court committed reversible error by (1) denying its motion for judgment as a matter of law with respect to Millen... More...   $0 (08-11-2007 - FL)

Julie Tschaggeny v. Milbank Insurance Company

Unknown1 Julie Tschaggeny was injured in an automobile accident and submitted a claim to Milbank Insurance Company ("Milbank") under her uninsured motorist policy. Milbank denied coverage, and Tschaggeny sued for a determination of benefits.1 A jury awarded a verdict for Tschaggeny, but she argues that the final judgment amount was inadequate in three separate respects.

2 First, Tscha... More...   $0 (05-11-2007 - UT)

Leonard J. Verni v. Cleveland Chiropractic College and Aleksandr Makarov

Leonard Verni was a student of chiropractic medicine at Cleveland Chiropractic College. Verni enrolled in a dermatology class at Cleveland that was taught by Dr. Aleksandr Makarov. Prior to the first examination in that class, a student anonymously contacted Cleveland's academic dean and alleged that Verni was selling copies of the forthcoming examination. The dean completed an incident report ... More...   $0 (01-30-2007 - MO)

Nancy Catillo v. Megan K. Young and Marlys L. Sears

Nancy Castillo was injured as a result of a three-car accident. The defendant Megan K. Young's vehicle skidded out of control and hit Castillo's vehicle head on in Castillo's lane of traffic, and the defendant Marlys L. Sears' vehicle then struck Castillo's vehicle from the rear. Castillo sued both drivers for negligence. A jury awarded Castillo a verdict of $13,058.67 against Young only. Casti... More...   $0 (09-12-2006 - NE)

Tommie Redmond v. Elaine Socha

On July 4, 2001, near the corner of Ogden Avenue and California in Chicago, the car driven by defendant/cross-plaintiff Socha collided with the rear of a motorcycle driven by plaintiff/cross-defendant Redmond, injuring Redmond and damaging Socha's car. In the litigation that followed, no evidence was presented by either party of any cause or contributing factor other than the alleged negligence... More...   $0 (10-12-2005 - IL)

Laura Fryz, Personal Representative, etc. v. Rock-Way, Inc., et al.

Plaintiffs, Laura Fryz, personal representative for the estate of Joseph M. Mamroctski, Tonya Mamroctski, Brett Mamroctski, and Joseph Mamroctski Jr. appeal as of right from a September 18, 2002 judgment in favor of plaintiffs in this automobile negligence/wrongful death case. On appeal, plaintiffs argue that the jury's verdict is against the weight of the evidence and claim error in certai... More...   $183000 (11-03-2004 - MI)

Margaret Phillips, Personal Representative of the Estate of Regeana Diane Hervey, Deceased v. Mirac, Inc.

In this case, we granted leave to appeal to consider whether MCL 257.401(3), which caps the amount of a lessor's liability in motor vehicle leases of thirty days or less, violates plaintiff's rights under the Michigan Constitution to a jury trial,1 equal protection,2 or due process.3 We

1 Const 1963, art 1, 14.

2 Const 1963, art 1, 2.

3 Const 1963, art 1, 17. hold that ... More...   $20000 (07-07-2004 - MI)

Charlene Vine v. Bear Valley Ski Company

In personal injury cases arising from sporting activities, a defendant cannot be charged with a duty to protect the plaintiff from risks inherent in the sport. Those risks are borne by the plaintiff as a matter of law, under the "primary assumption of risk" doctrine. However, the defendant can be held liable for breaching the duty not to increase the risks encountered by the plaintiff beyon... More...   $0 (05-11-2004 - CA)

Dante L. Schettino, et al. v. Anthony Labarba

In this personal injury action, the substitute defendant, Michael Maronich,1 appeals from the judgment of the trial court setting aside the jury's verdict and ordering a new trial on the issue of damages, rendered following the defendant's refusal to accept the court-ordered additur. On appeal,2 the defendant claims that the court improperly granted the additur when there was no indicati... More...   $0 (04-11-2004 - CT)

Lloyd Galloway v. Raymond Kuhl, Individually, Kuhl Farms, et al.

After a trial involving the Illinois Domestic Animals Running at Large Act (510 ILCS 55/1 et seq. (West 2000)), the jury returned a verdict in favor of the plaintiff, Lloyd Galloway, and against the defendants, Raymond Kuhl, Kuhl Farms, Mike Kuhl, Fred Kuhl, John Kuhl, and Henry Kuhl, and reduced the plaintiff's damages by 50% for the plaintiff's comparative negligence. Although the jury awarde... More...   $34250 (03-04-2004 - IL)

Hauss v. Waxman, et al.

Tanya Truman Hauss, the plaintiff in the personal injury action below, appeals the denial of her post-trial motion for additur. The defendant below, Benjamin Samuel Waxman, cross-appeals the trial court's denial of his motion for remittitur. We affirm, and write to explain our conclusion that Waxman's motion for remittitur was untimely filed because it was not served within ten days aft... More...   $0 (02-18-2004 - FL)

James Elliott v. Mary T. Larson

In this negligence action, the defendant, Mary T. Larson, appeals from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiff, James Elliott. On appeal, the defendant claims that the court improperly (1) denied her motion for a directed verdict, (2) denied her motion for a judgment notwithstanding the verdict and (3) granted the plaintiff's motion for an ... More...   $11003 (02-16-2004 - CT)

Keith Anderson v. Shelter Mutual Insurance Company

Keith Anderson ("Anderson") appeals from the trial court's judgment in favor of Shelter Mutual Insurance Company ("Shelter") and against him on each party's respective motions for summary judgment. Anderson argues on appeal that the trial court erred by: (1) entering summary judgment in favor of Shelter and against him because the Circuit Court of Jefferson County ("Jefferson County") had jurisdic... More...   $0 (02-10-2004 - MO)

MARY M. RIEFF, Appellee, vs. JOHN E. EVANS, et al.

The defendants appeal and the plaintiff cross-appeals from a district court ruling on the plaintiff's demand for a jury trial. The district court granted a jury trial as to one issue, but denied it as to another. The defendants were granted an interlocutory appeal, and the plaintiff cross-appealed. We affirm on the defendants' appeal, reverse on the plaintiff's cross-appeal, and remand for furt... More...   $0 (12-17-2003 - IA)

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