Defendant appealed from a judgment of the trial court entered after a jury trial finding in favor of the plaintiff’s claim brought under the Illinois Whistleblower Act. On appeal the defendant argued that the trial court should have granted its motion for JNOV, that the trial court failed to instruct the jury on the proper definition of the term “retaliation,” and that the damages award should be vacated or a remittitur entered because the jury award for emotional distress shocked the judicial conscience. The appellate court affirmed the judgment of the trial court but ordered that the damages for emotional distress be reduced by remittitur or, if the plaintiff did not consent to remittitur, that the cause be remanded. (LAMPKIN, concurring and REYES, concurring in part and dissenting in part)
Illinois Appellate Court
Civil Court
Remittitur