Williams Ex Rel. Estate of Williams v. Robertson Gilchrist Construction Co.

I respectfully dissent.

This is an action for wrongful death brought against Robertson Gilchrist Construction Company, Inc., by Emma Williams, as Administratrix of the Estate of Johnnie Williams. The jury returned a verdict for actual damages in Williams’ favor in the amount of $170,590. Williams, however, moved for an additur or, in the alternative, for a new trial on the issue of damages.

The trial court granted a new trial to Williams should Robertson Gilchrist elect not to pay an additur of $54,410. The trial court did not prescribe a time limit within which Robertson Gilchrist was to make…