537.068. Court may enter remittitur order or increase jury award, when. — A court may enter a remittitur order if, after reviewing the evidence in support of the jury's verdict, the court finds that the jury's verdict is excessive because the amount of the verdict exceeds fair and reasonable compensation for plaintiff's injuries and damages. A court may increase the size of a jury's award if the court finds that the jury's verdict is inadequate because the amount of the verdict is less than fair and reasonable compensation for plaintiff's injuries and damages.
Notes of Decisions
Badahman v. Catering St. Louis, 395 S.W.3d 29 (Mo. 2013).
· cites it 30× “Badahman filed a motion for additur or, in the alternative, a new trial pursuant to § 537.068, 1 Rule 78.01, and Rule 78.02. The circuit court sustained Badahman’s motion and gave the parties 30 days to accept a higher amount of compensatory damages or elect a new trial on these…”
Wiley v. Homfeld, 307 S.W.3d 145 (Mo. Ct. App. 2009).
· cites it 69× “The Missouri Supreme Court once before attempted to abolish the doctrine of remittitur, but the Missouri legislature made it clear that remittitur is a viable *156 doctrine by its enactment of section 537.068, RSMo, in 1987. The majority opinion in this case, however, attempts…”
Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852 (Mo. 1993).
· cites it 15× “SLU also asserts that section 537.068, RSMo Supp.1992, allows for statutory remittitur by the trial judge.”
Patrick Blanks v. Fluor Corp., 450 S.W.3d 308 (Mo. Ct. App. 2014).
· cites it 6× “Section 537.068. The trial court enjoys broad discretion in deciding whether remittitur should be ordered.”
Child. Int'l v. Ammon Painting Co., 215 S.W.3d 194 (Mo. Ct. App. 2006).
· cites it 8× “” Pursuant to section 537.068, 3 the court sua sponte remitted $201,352 of the verdict on the loss of use line.”
Sanders v. Ahmed, 364 S.W.3d 195 (Mo. 2012).
· cites it 4× “Acting in the void of Firestone , the legislature statutorily enacted section 537.068, reinstating remittitur and granting authority for the additur.”
Scott v. Blue Springs Ford Sales, Inc., 215 S.W.3d 145 (Mo. Ct. App. 2006).
· cites it 6× “In Point III, it claims that the trial court erred in overruling its motion for a new trial based on an award of excessive compensatory damages, as to Counts I, II, and VIII, or, in the alternative, denying its request to remit the award as being excessive, pursuant to §…”
Klotz v. St. Anthony's Med. Ctr., 311 S.W.3d 752 (Mo. 2010).
· cites it 4× “068 said that a court "may enter a remittitur order if, after reviewing the evidence in support of the jury's verdict, the court finds that the jury's verdict is excessive because the amount of the verdict exceeds fair and reasonable compensation for plaintiff's injuries and…”
Wandersee v. BP Prods. North Am., Inc., 263 S.W.3d 623 (Mo. 2008).
· cites it 6× “” Section 537.068. Thus, BP argues that the trial court erred in overruling its motion for an order of remittitur under section 537.”
Peters v. Gen. Motors Corp., 200 S.W.3d 1 (Mo. Ct. App. 2006).
· cites it 4× “Section 537.068 provides, "A court may enter a remittitur order if, after reviewing the evidence in support of the jury's verdict, the court finds that the jury's verdict is excessive because the *32 amount of the verdict exceeds fair and reasonable compensation for the…”
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