Legal Opinion · Dissent

Foster v. Catalina Industries, Inc.

Missouri Court of Appeals

Decided August 7, 2001No. 23760Published

1DissentGarrison, Judge

I concur with the principal opinion except that portion concluding that the trial court’s denial of Catalina’s Motion For Re-mittitur should be affirmed. I respectfully dissent with regard to that portion of the opinion.

I agree with the general principles reviewed in the principal opinion concerning interference with a jury’s determination of damages. Thus, in a wrongful death case, the jury has extraordinarily wide discretion in awarding damages, and the trial court has great discretion in approving a verdict or setting it aside as excessive. Letz v. Turbomeca Engine Corp., 975 S.W.2d 155,…

2Cases cited7 opinions

  1. Call v. HeardSupreme Court of Missouri · 1996
  2. Fust v. FrancoisMissouri Court of Appeals · 1995
  3. Cates v. EddyWyoming Supreme Court · 1983
  4. Barnett v. La Societe Anonyme Turbomeca FranceMissouri Court of Appeals · 1997
  5. Coggins v. Laclede Gas Co.Missouri Court of Appeals · 2000

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API