Court Reviews Trial Court's Suggestion of Remittitur in a Case Involving a Car Accident

JAN OGLESBY and JOHN OGLESBY v. EDWIN T. RIGGINS (Tenn. Ct. App. March 17, 2011)

This case arises from a car accident in which Appellant was injured when her vehicle was struck by Appellee's vehicle. Following a jury trial, the jury awarded Appellant damages, including $100,000 for Appellant's loss of earning capacity claims. Acting as the thirteenth juror, and based upon its finding that Appellant had failed to meet her burden to show loss of earning capacity, the trial court suggested remittitur of the entire $100,000 loss of earning capacity award. Appellant appeals. Discerning no error, we affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/oglesbyj_031711.pdf