Horvath v. Spector Freight System, Inc.

In a non jury trial of a personal injury action, the court entered judgment in favor of plaintiff for $5,500 on June 28, 1967. On defendant’s timely post-trial motion, the trial court on July 18, 1967, reduced the judgment to $3,750 without hearing any new evidence and over plaintiff’s objection. On appeal, plaintiff contends that it was error to reduce the amount of the judgment, absent plaintiff’s consent, without giving plaintiff the option of a new trial.

Plaintiff asserts that it is undisputed in Illinois that a remittitur cannot be ordered in a jury trial without the consent of…