Dougherty v. McLaughlin

JOHNSON, Judge:

In this case, we are asked to determine whether the trial court properly granted Brian Dougherty’s motion for additur, increasing the jury’s damage award, when the trial court determined that the jury’s verdict was inadequate. Since we conclude that, where a jury renders an inadequate verdict, the proper remedy is the grant of a new trial, we vacate and remand this matter for a new trial.

Dougherty commenced this action against David McLaughlin to recover damages for personal injuries resulting from an automobile accident. The jury rendered a verdict in favor of Dougherty. He…