Pilot v. HillAnnotate this Case
In this case involving the tree-tier structure established by Utah R. Civ. P. 26, the Supreme Court affirmed the decisions of the district court and court of appeals rejecting Petitioner’s motion for post-trial amendment of his tier designation so that he could receive more damages, holding that the facts of this case, the relevant law, and the rules of the tier structure dispositively opposed Petitioner’s preferred outcome.
The three-tier structure established by Rule 26 requires plaintiffs to plead one of three tiers based on expected damages. Petitioner pled a Tier two case, which involved a limit on recoverable damages, and did not amend his pleading before trial. The jury awarded Petitioner a total of $640,989 in damages. After trial, Petitioner moved to amend his pleadings. The district court denied the motion and reduced the judgment to $299,999.99, commensurate with the limits of Petitioner’s Tier 2 designation. The court of appeals affirmed. The Supreme Court affirmed, holding (1) where Petitioner pled and litigated a Tier 2 case, Petitioner’s damages were commensurately reduced after trial; and (2) there is no permitted modification of the tier designation once trial commences and no indication that Petitioner impliedly consented to litigating a higher tier case even if he could.