Ahmad v. State

OPINION

SWANN, Judge:

¶ 1 Shuja Sayed Ahmad and Margaret S. Ahmad appeal from the trial court’s order of remittitur or conditional new trial on damages only, which reduced a jury’s damage award arising from the wrongful death of their son. A.R.S. § 12-613 provides that in wrongful death cases, “the jury shall give such damages as it deems fair and just.” We hold that this broad provision requires utmost deference to the jury’s sense of fairness, and remittitur in such cases must be based upon specific findings demonstrating that no reasonable jury could have reached the verdict based on the…