Bodimer v. Ryan's Family Steakhouses, Inc.

SIMON, Judge.

Shirley Bodimer, plaintiff, appeals from an order of the trial court granting defendant, Ryan’s Family Steakhouses, Inc.’s, Motion for New Trial, as to damages only in favor of defendant, unless plaintiff agrees to a remit-titur of $240,000.00 on a jury verdict and judgment awarding plaintiff $440,000.00 in damages.

On appeal, plaintiff contends that the trial court abused its discretion in: (1) granting remittitur by concluding that the damages were excessive and not supported by the evidence; (2) finding that the jury’s verdict was excessive and exceeded fair and reasonable…