Introduction

Question 1

Alleging a Fault

Van Camp v. McAfoo

Iowa Supreme Court - 1968

Answer 1

A plaintiff must allege fault to successfully plead a cause of action in tort, by alleging either intentional or negligent wrongful conduct by the defendant. A little boy was riding a tricycle and ran into defendant.

Question 2

Fault

Answer 2

intentional or negligent misconduct

Question 3

New Trial for Ridiculous Money Verdict

Dillon v. Frazer

Supreme Court of South Carolina - 2009

Answer 3

A trial court must grant a new trial absolute if the amount of the verdict is grossly inadequate or excessive so as to shock the conscience of the court and clearly indicates the figure reached was the result of passion, caprice, prejudice, partiality, corruption or some other improper motive. Plaintiff was massively injured in a car accident, was out of work for a month and had to work less hours after that. Sued for $500,000 in damages and the jury only gave him $6,000.

Question 4

Nisi Additer

Answer 4

A motion for a new trial for absolute as to damages only.

Question 5

Remittitur

Answer 5

The judges power to deny defendant’s motion for a new trial if plaintiff remits part of an excessively high award

Question 6

Compensatory Damages Components

Answer 6

Upon proper proof, a plaintiff is entitled to compensation for

1. lost wages or lost earning capacity,
2. medical expenses,
3. pain and suffering endured, including mental or emotional pain, and
4. any special or particularized damages that do not fit neatly within the other categories.

The plaintiff can recover not only for such losses that have already occurred, but also for such losses that are reasonably certain to occur in the future, if the evidence demonstrates the likelihood of such future losses.

Question 7

Additur

Answer 7

The power of a judge to deny a plaintiff’s motion for a new trial when the jury assigned damages that are too low and the defendant agrees to pay more than the damages assigned