Palenkas v. Beaumont Hospital

We concur in sections I and n of Justice Archer’s opinion. However, we disagree with his resolution of the remittitur issue in section hi.

Justice Archer’s opinion does not make clear whether the Court should review the trial court’s decision on remittitur for an abuse of discretion or whether it should review the Court of Appeals decision for clear error. In our view, the question of the excessiveness of a jury verdict is generally one for the trial court in the first instance. The trial court, having witnessed all the testimony and evidence as well as having had the unique opportunity to…