Johhny R. Wilkins, Plaintiff--appellee, v. Aetna Casualty & Surety Company, Defendant--appellant, 818 F.2d 30 (4th Cir. 1987)

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US Court of Appeals for the Fourth Circuit - 818 F.2d 30 (4th Cir. 1987) Argued April 9, 1987. Decided May 7, 1987

Before WINTER, Chief Judge, RUSSELL, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.

S. Vernon Priddy, III; Frank B. Miller (Sands, Anderson, Marks & Miller, on brief), for appellant.

Melvin J. Radin (Ermlich & Radin, P.C., on brief), for appellee.

PER CURIAM:


In his suit on a fire insurance policy for a fire loss of his house, a jury returned a verdict for plaintiff against Aetna Casualty & Surety Company (Aetna), the insurer, for $54,620.20. The district court, upon motion by Aetna, ordered plaintiff to remit the amount of the verdict in excess of $52,500 or to submit to a new trial on the issue of damages. Plaintiff accepted the remittitur and after judgement was entered, Aetna appeals. It contends that it was entitled to a remittitur to $38,780.40, or, alternatively, to a new trial on liability and damages.

We affirm.

We do not think that the district court abused its discretion when it reduced the verdict to $52,500. Our review of the record persuades us that there was a proper basis on which to enter a verdict for this amount.

We perceive no reversible error.

AFFIRMED.

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