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ALTHOUGH A REMITTED DAMAGES AWARD
MAY BE REJECTED BY THE OPPOSING PARTY,
IT IS A VALUABLE TOOL THAT CAN BE USED
TO ACHIEVE A REASONABLE SETTLEMENT.
What can the Court Consider In Determining
the Proper Remittitur?
In determining a proper remittitur, the court may compare
a jury’s verdict to awards in cases with comparable injuries.
See Alabama Freight Lines v. Thevonot, 68 Ariz. 260,
263-264, 204 P.2d 1050, 1052 (1949) (trial court compared
jury’s verdict to awards in cases with comparable injuries in
determining that remittitur was appropriate); Standard Oil Co.
of Cal. v. Shields, 58 Ariz. 239, 247, 119 P.2d 116, 119-120 (1941)
(noting that while no two cases are alike and damages must
be evaluated on a case-by-case basis, the excessiveness of
the jury’s verdict was further indicated by its comparison to
verdicts awarded in other similar cases).
Comparable jury verdicts can be effectively presented to
the court through a compendium of jury verdicts for similar
injuries, or through some other form of reporting provided by
an independent research service.
Keep in mind…
Remittitur may work best in cases in which fault is contested.
That is because both sides bear the risk of losing on liability
and damages. When fault is conceded, however, and the jury
returns an excessive verdict, the plaintiff’s view of damages
is likely to be bolstered. Moving for remittitur is therefore
usually a more persuasive tool in cases where fault is at
issue.
It is also important to consider your judge. The judge who
presided over your trial is likely to be the same judge who
will rule on your motion for remittitur. You will therefore
want to consider the court’s previous rulings, as well as the
overall tone of the proceedings, in gauging the likelihood of
a remittitur.
ABOUT THE AUTHOR WHITNEY HARVEY
Whitney practices in general civil litigation, wrongful death and personal injury, commercial
and business litigation, and dram shop and social host liability. She is on the Social
Committee for the Arizona Women Lawyers Association and has served on the
State Bar of Arizona’s Committee on Minorities & Women in the Law.
Contact Whitney at 602.263.1744 or [email protected]