Borne v. Celadon Trucking Services, Inc.

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This case arose out of rear-end collisions involving three tractor trailer vehicles. Plaintiff sued the owners and drivers of both of the other tractor trailers. The owner of the third tractor trailer was later dismissed on a directed verdict. The jury returned a verdict for Plaintiff. The trial court suggested a remittitur of the jury’s verdict in all four categories of damages awarded. On appeal, the Court of Appeals reinstated the jury’s award for lost earning capacity, suggested a further remittitur to the award for loss of enjoyment of life, and affirmed the remitted award in the remaining two categories of damages. The Supreme Court (1) affirmed the trial court’s rulings regarding a pretrial agreement between Plaintiff and the owner of the third tractor trailer; (2) affirmed the trial court’s decision not to give a special instruction on superseding cause; (3) reversed the court of appeals’ remittitur for the award for loss of enjoyment of life because the Court of Appeals had no authority under the circumstances to suggest a further remittitur; and (4) determined that it was unable to conduct a proper appellate review of the trial court’s remittitur decision. View "Borne v. Celadon Trucking Services, Inc." on Justia Law