Court reviews a remittitur in a case involving an automobile accident

KAREN JOHNSON v. BEVERLY NUNIS AND FARMER’S INSURANCE EXCHANGE (Tenn. Ct. App. April 27, 2012)

This appeal involves remittitur of a jury verdict. The defendant driver caused a vehicular accident that resulted in substantial personal injuries to the plaintiff. At trial, several witnesses testified to the amount of the plaintiff’s economic damages as well as the noneconomic impact of her injuries. After a trial, the jury returned a special verdict with awards for various categories of economic and non-economic damages.

The trial court denied the defendant insurance company’s motion for a new trial but suggested an overall remittitur as to the total verdict. The plaintiff accepted the remittitur under protest and filed this appeal. We affirm the denial of a new trial, reverse the suggestion of remittitur, and reinstate the original jury verdict.

Opinion available at:
https://www.tba.org/sites/default/files/johnsonk_042712.pdf

Court reviews various issues regarding disclosing the amount of damages in a medical malpractice case.

AMANDA ELLIOTT v. R. MICHAEL COBB (Tenn. September 23, 2010)

The issue presented in this interlocutory appeal is whether a plaintiff in a medical malpractice action is prohibited from arguing or suggesting to the jury any monetary amounts for non-economic damages. We hold that the language of Tennessee Code Annotated section 29-26- 117 (2000) prohibits the plaintiff from disclosing the amount of damages requested in the plaintiff's pleading, but does not preclude the plaintiff from arguing or suggesting monetary amounts for non-economic damages to jurors at trial. The judgment of the trial court is reversed, and this case is remanded for further proceedings.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC/2010/elliota_092310.pdf

KOCH concurring
http://www.tba2.org/tba_files/TSC/2010/elliota_CON_092310.pdf