Vadala v. Adams

Upon examination’of the record on appeal and consideration of the briefs of the parties we are of the opinion that the trial judge erred in granting defendants’ motion for remittitur or, alternative, motion for new trial based upon a determination that the jury verdict was excessive. While a remittitur or a new trial may be allowed through exercise of sound discretion by the trial judge such as, for example, where a verdict awarding damages is shocking to the judicial conscience, if the record supports the award of damages it is an abuse of discretion to set aside the jury award and grant a…