Pitts v. Exxon Corp.

OPINION

FONES, Justice.

The issue before this Court is whether a jury verdict, approved by the trial court, but found by the Court of Appeals to be the result of passion, prejudice or caprice, based solely on the excessiveness of the award, can be cured by remittitur.

Plaintiff’s negligence action against Exxon Corporation resulted in a jury verdict of $140,000. Defendant’s motion for a new trial was overruled and judgment entered for the amount awarded by the jury. The Court of Appeals found that the jury verdict was “patently excessive . . . considerably in excess of what a fair and impartial…