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Constitutional Law - Right To A Trial By Jury-Power Of Trial Court To Use Additur, Robert W. Steele S.Ed.
Constitutional Law - Right To A Trial By Jury-Power Of Trial Court To Use Additur, Robert W. Steele S.Ed.
Michigan Law Review
The plaintiff brought suit against two defendants, claiming $56,000 for personal injuries suffered in an accident. Upon return of a jury verdict for the plaintiff in the amount of $3,000, the plaintiff moved for a new trial on the issue of damages. The trial court denied the motion on condition that defendants consent to the entry of a judgment of $9,830.92. Both defendants consented. Plaintiff appealed on the ground that the use of an additur constituted an infringement of his constitutional guarantee of a jury trial. Held/em>, affirmed. Conditioning the denial of a new trial upon the defendant's consent …