Wiley v. Homfeld

The Missouri Supreme Court once before attempted to abolish the doctrine of remittitur, but the Missouri legislature made it clear that remittitur is a viable *156doctrine by its enactment of section 537.068, RSMo, in 1987. The majority opinion in this case, however, attempts to emasculate the doctrine and render it meaningless. I, therefore, respectfully dissent.

To read the statutory language of section 587.068, RSMo 2000, that “[a] court may enter a remittitur order if, after reviewing the evidence in support of the jury’s verdict, the court finds that the jury’s verdict is excessive,” as…