Brault v. Flynn

Following a jury trial, plaintiff accepted a remitted verdict. The trial court permitted plaintiff to condition acceptance on the right to appeal the remittitur. On appeal, plaintiff maintains that the court abused its discretion in granting remittitur. As we conclude that plaintiff may not simultaneously accept remittitur and appeal the court’s decision to grant it, we do not review the remittitur decision on the merits. Instead, we reverse and remand the case for reconsideration, in light of this decision, of the motion for remittitur.

Plaintiff, who suffered permanent injuries when her car…