Hogan v. Doyle

The underpinning of the majority opinion is its conclusion there was an “original award of the jury”. Clearly, there was no unanimous agreement among the 12 jurors to any factual determination which was accepted by the trial judge as a verdict, which is mandatory in the absence of a stipulation of the parties to accept a majority verdict in accordance with T.R.C.P., Rule 28. Also see Lovell v. McCullough, 222 Tenn. 567, 439 S.W.2d 105 (1969).

Essentially, the majority grants an additional remittitur less the amount remitted by the trial court. There is no discussion of the evidence as it…