Cosby v. Clem
Annotate this CasePlaintiff filed a complaint against Defendant for damages arising from a vehicle accident. Defendant admitted liability, and the case was tried before a jury on the issue of damages. The jury awarded damages in the amount of $9,000. The circuit court granted Plaintiff’s motion to set aside the verdict and for additur for a total award of $197,513. Upon Defendant’s election declining to accept the additur award, the circuit court awarded Plaintiff a new trial. Defendant appealed, arguing that the circuit court erred in setting aside the jury verdict and awarding additur. The Supreme Court reversed and reinstated the jury verdict in the amount of $9,000, holding that, under the circumstances of this case, the trial court should not have set aside the first verdict.
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