Ashmore v. Hartford HospitalAnnotate this Case
The Supreme Court reversed the judgment of the trial court denying Defendant's motion for remittitur after a jury awarded $1.2 million in noneconomic damages to Plaintiff, as the administratrix of the decedent's estate, and $4.5 million to Plaintiff for her loss of spousal consortium, holding that a loss of consortium award ordinarily should not substantially exceed the corresponding wrongful death award to the directly injured spouse.
After the jury returned its verdict, Defendant filed a motion seeking a remittitur of the loss of consortium award. The trial court denied the motion and rendered judgment in accordance with the jury verdict. The Supreme Court reversed, holding (1) absent exceptional or unusual circumstances, a presumption applies that a direct injury to one spouse is no less harmful than the concomitant loss of consortium suffered by the deprived spouse; and (2) the disproportionate loss of consortium award in this case was not justified.