Robison v. Garnett

SARTAIN, Judge.

In this action for personal injuries, the jury returned a verdict in favor of plaintiff aggregating $225,718.00. On a motion for a new trial, the trial judge as an alternative to granting the motion ordered a remittitur in the amount of $90,000.00. Plaintiff accepted the remittitur under protest and with reservations of his right to appeal or answer defendants’ appeal in the event of one.

Defendants filed a motion to disallow plaintiff’s conditional consent and to rescind the amended judgment. The trial court, assigning written reasons, denied the motion.

Defendants perfected a…