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Keywords

defendantdamagesappealtrialmotion

defendantdamagesappealtrialmotionsustained

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Maddox v. Muirhead, 738 So.2d 742

Facts

Gary Maddox was injured in a fight with Jack Muirhead, Jr. while both were patrons at the 1001 Bar in the Ramada Plaza Hotel. The jury found Maddox partially at fault and awarded him $2,900, which was reduced to account for his 20% fault. Maddox sought an additur or a new trial on damages, claiming the jury's award was inadequate given his medical expenses and suffering.

Maddox incurred $2,831.25 in medical costs from injuries sustained in the fight. He also claimed regular lost wages of $21,877.60 and lost overtime pay of at least $4,000.00.

Issue

Whether the trial court erred by not granting Maddox's motion for additur or, alternatively, a new trial as to damages only.

WHETHER THE TRIAL COURT ERRED BY NOT GRANTING THE MOTION FOR ADDITUR OR IN THE ALTERNATIVE A NEW TRIAL AS TO DAMAGES ONLY.

Rule

The court may affirm a judgment on the condition of an additur or remittitur if it finds the damages awarded are inadequate due to bias, prejudice, or contrary to the overwhelming weight of evidence, as per Miss.Code Ann. § 11–1–55 (1991).

The supreme court or any other court of record in a case in which money damages were awarded may overrule a motion for a 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 facts was influenced by bias, prejudice, or passion, or that the damages awarded were contrary to the overwhelming weight of credible evidence.

Analysis

The court found that the jury's award of $2,900 was inadequate as it did not compensate Maddox for his uncontested medical bills and left nothing for pain and suffering. The court noted that while the jury had the discretion to assess fault, the award was so low that it shocked the conscience and was against the overwhelming weight of the evidence. Therefore, the trial court abused its discretion in denying the additur.

We find that the trial court abused its discretion in refusing to grant an additur. The jury award in this instance was so inadequate as to shock the conscience and against the overwhelming weight of the evidence.

Conclusion

The Supreme Court affirmed the judgment on the condition that the defendants accept an additur of $10,000 within 15 days, otherwise a new trial on damages would be ordered.

We direct a new trial on damages unless the defendants accept an additur of $10,000.

Who won?

Gary Maddox prevailed in the appeal as the court granted him an additur, recognizing the inadequacy of the jury's original award.

Maddox's jury instruction on damages contained the following three factors to be considered by the jury.

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