Dist. Ct. did not abuse its discretion in granting defendant’s motion for remittur or for new trial, after jury awarded plaintiff $1,000,000 in compensatory damages arising out of car accident in which plaintiff sought damages for his physical injuries, but no punitive damages, medical costs, lost wages or emotional damages. Record showed that Dist. Ct. had granted defendant’s motion and gave plaintiff choice of accepting $250,000 or new trial. Plaintiff thereafter accepted new bench trial, but then presented no evidence at second trial and requested award of $0 in damages, which plaintiff described as “verdict of silence.” Record at first trial showed that plaintiff potentially suffered just whiplash and mild concussion, and thus Dist. Ct. could properly find that remittur or new trial was appropriate remedy, since jury’s $1,000,000 verdict was outrageous given limited nature of plaintiff’s injuries and limited nature of his damages request. Fact that plaintiff ultimately received no damages did not require different result since plaintiff in essence requested zero damages at second trial.
Federal 7th Circuit Court
Civil Court
Damages