The supreme court or any other court of record in a case in which money damages were awarded may overrule a motion for new trial or affirm on direct or cross appeal, upon condition of an additur or remittitur, if the court finds that the damages are excessive or inadequate for the reason that the jury or trier of the facts was influenced by bias, prejudice, or passion, or that the damages awarded were contrary to the overwhelming weight of credible evidence. If such additur or remittitur be not accepted then the court may direct a new trial on damages only. If the additur or remittitur is accepted and the other party perfects a direct appeal, then the party accepting the additur or remittitur shall have the right to cross appeal for the purpose of reversing the action of the court in regard to the additur or remittitur.
Codes, 1942, § 1686.5; Laws, 1971, ch. 396, § 1; Laws, 1972, ch. 411, § 1, eff. 4/27/1972.
Notes of Decisions
Dedeaux v. Pellerin Laundry, Inc., 947 So. 2d 900 (Miss. 2007).
· cites it 12× “The Court found that in cases in which a remittitur was ordered, the plaintiff had the option of accepting the remittitur or having the case remanded to the trial court for a new trial on the issue of damages; however, in cases in which an additur was ordered, the defendant had…”
Flight Line, Inc. v. Tanksley, 608 So. 2d 1149 (Miss. 1992).
· cites it 8× “Miss. Code Ann. § 11-1-55 (Supp. 1991). Flight Line rejected the additur.”
Bankers Life & Cas. Co. v. Crenshaw, 483 So. 2d 254 (Miss. 1985).
· cites it 6× “[ Miss. Code Ann. § 11-1-55 (Supp. 1984)]. This authority to enter a remittitur or an additur exists where the nature of the damage award at issue is *279 punitive or exemplary.”
Odom v. Roberts, 606 So. 2d 114 (Miss. 1992).
· cites it 7× “Miss. Code Ann. § 11-1-55 (Supp. 1990). The Odoms had the burden of proving their injuries, damages, and loss of income.”
Green v. Grant, 641 So. 2d 1203 (Miss. 1994).
· cites it 7× “The supreme court or any other court of record in a case in which money damages were awarded may overrule a motion for new trial or affirm on direct or cross appeal, upon condition of an additur or remittitur, if the court finds that the damages are excessive or inadequate for…”
Maddox v. Muirhead, 738 So. 2d 742 (Miss. 1999).
· cites it 8× “Historically, additurs have been granted giving to the party suffering the judgment, and only that party, the right to accept the increase in the award or to have a new trial.”
Whitten v. Cox, 799 So. 2d 1 (Miss. 2000).
· cites it 5× “Miss.Code Ann. § 11-1-55 (1991). ¶ 38. Whitten repeats his argument that the damages awarded by the jury were "astronomical.”
Gaines v. K-Mart Corp., 860 So. 2d 1214 (Miss. 2003).
· cites it 6× “2002) provides: The supreme court or any other court of record in a case in which money damages were awarded may overrule a motion for new trial or affirm on direct or cross appeal, upon condition of an additur or remittitur, if the court finds that the damages are excessive or…”
Gatewood v. Sampson, 812 So. 2d 212 (Miss. 2002).
· cites it 4× “He asks this Court to grant a remittitur pursuant to Miss.Code Ann. § 11-1-55 which grants this Court such power when it finds "that the damages are excessive .”
Fitch v. Valentine, 959 So. 2d 1012 (Miss. 2007).
· cites it 4× “Section 11-1-55 states, in part: [t]he supreme court or any other court of record in a case in which money damages were awarded may overrule a motion for new trial or affirm on direct or cross appeal, upon condition of an additur or remittitur, if the court finds that the…”
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