Shiloh Const. Co., Inc. v. Mercury Const. Corp.

I respectfully dissent from the holding of the majority to reinstate the jury verdict. The trial judge ordered a remittitur on the basis that the jury verdict as to punitive damages was contrary to the great weight of the evidence.

Our standard of review in an appeal of an order granting a new trial is abuse of discretion. See, Allen v. Harper,277 Ala. 691, 174 So.2d 331 (1965); Camp v. Atlantic Coast Line R.,251 Ala. 184, 36 So.2d 331 (1948); Birmingham News Co. v.Lester, 222 Ala. 503, 133 So. 270 (1931). A trial court abuses its discretion in granting a new trial when the great weight of the…