Eckerberg v. Inter-State Studio, etc., No. 16-2021 (8th Cir. 2017)
Annotate this CasePlaintiff filed suit against Inter-State, seeking damages from injuries that he sustained when an Inter-State vehicle hit his pickup truck and trailer in Missouri. A jury awarded plaintiff $4.5 damages. The Eighth Circuit affirmed and held that the district court had subject matter jurisdiction because the parties were completely diverse. The court upheld the award and denied remittitur because, with both economic and non-economic damages included in the general award, the total was not monstrous, shocking, or grossly excessive.
Court Description: Smith, Author, with Gruender and Benton, Circuit Judges] Civil case - Personal Injury. The evidence was sufficient to show that plaintiff's legal domicile was the state of Florida, thereby establishing diversity of citizenship; the district court did not err in denying defendant's motion for remittitur of the $4.5 million damages award, as the injuries plaintiff sustained significantly affected his future earnings, and with both economic and non-economic damages included in the general award, the total is not "monstrous, shocking or grossly excessive."
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