Bressler v. Mull's Grocery Mart

WORKMAN, Justice:

Appellant Mull’s Grocery Mart seeks reversal of the December 8, 1993, order of the Circuit Court of Ohio County granting Ap-pellee Sandra Bressler’s motion for additur. Since West Virginia permits additur only when it can be definitively established that the jury made a mistake and because this case lacks such evidence, the circuit court erred in making an additur award in this case. Accordingly, we reverse the decision of the lower court and remand for a determination of whether a new trial should be granted solely on the issue of future medical expenses.

Appellee’s jury…