Baudanza v. Comcast of Massachusetts I, Inc.

When a party accepts an order for addition or additur to a jury’s award of damages issued by a judge pursuant to Mass. R. Civ. R 59 (a), 365 Mass. 827 (1974), may that party thereafter appeal from the order? We conclude that a party who accepts such an order, or an order for remittance or remittitur, may not thereafter bring such an appeal. Because the rule barring the appeal may not have been clear in the past, we consider the substantive arguments that the defendant, who accepted an order for additur in this case, raises in its appeal. Concluding that they lack merit, we affirm the judgment…