Lucas v. State Farm Mutual Automobile Insurance

The principal issue on this appeal is whether the trial court committed error in determining the jury’s award of $8,000 for plaintiff’s pain, suffering, and disability to be excessive and in reducing the amount of the award to $4,300.

Where a trial judge has reviewed all of the evidence and has found a jury verdict awarding damages to be excessive and has fixed a reduced amount therefor, and has determined that there should be a new trial on damages unless the plaintiff takes his option for a judgment on the reduced amount, this court will reverse his directions “only if we find an abuse of…