Liberty Truck Sales, Inc. v. Kimbrel

Defendant Liberty Truck Sales, Inc. ("Liberty"), appeals a judgment on a jury verdict in the amount of $80,296 in favor of plaintiff Lynn Kimbrel. As an alternative to reversing, Liberty asks us to apply the remedy of remittitur to this verdict. We affirm conditionally.

The facts necessary to an understanding of this case are as follows:

Kimbrel, a professional truck driver, purchased a new Freightliner truck from Liberty in November 1981. Associated with the sale of this truck, Kimbrel and Liberty executed a "Retail Installment Contract — Security Agreement" ("the Contract"), which provides…