Legal Definitions - remittitur damna

Remittitur damna refers to a legal procedure where a trial judge reduces the amount of monetary damages awarded by a jury if the judge determines that the jury's award is excessive and not reasonably supported by the evidence presented during the trial. The judge typically offers the winning party (the plaintiff) the option to either accept the reduced amount or proceed with a new trial solely on the issue of damages.

This power allows the court to ensure that jury awards are fair, proportionate, and based on the facts and law, rather than on emotion, prejudice, or speculation. If the plaintiff refuses to accept the reduced amount, the judge will order a new trial to determine the appropriate damages.

Here are some examples:

• Personal Injury Case: A jury hears a case where a pedestrian suffered a broken arm due to a negligent driver. While the pedestrian incurred $20,000 in medical bills and lost wages, the jury, perhaps swayed by sympathy, awards $2 million for pain and suffering. The judge, reviewing the evidence, might conclude that $2 million is an unreasonably high amount for the specific injury and its impact, given typical awards in similar cases. The judge could then issue a remittitur damna, offering the pedestrian the choice to accept a reduced amount, such as $200,000 for pain and suffering, or face a new trial on damages.

  This illustrates remittitur damna because the judge intervenes to reduce a jury award that is deemed excessive and not adequately supported by the objective evidence of the injury's severity.

• Breach of Contract Dispute: A small business sues a supplier for breach of contract, proving that the supplier's failure to deliver goods on time caused $75,000 in documented lost profits. However, the jury, perhaps misunderstanding the calculation of damages in contract law, awards the business $1 million. The judge would likely find this award to be far beyond the actual financial harm proven. The judge could then apply remittitur damna, reducing the award to an amount more consistent with the $75,000 in proven losses, or offer a new trial.

  This example demonstrates remittitur damna as the judge corrects a jury's monetary award that significantly exceeds the actual, provable damages established by the evidence in a contract dispute.

• Defamation Lawsuit: A local public figure successfully sues a newspaper for defamation, proving that false statements caused $50,000 in reputational harm and emotional distress. The jury, feeling strongly that the newspaper acted maliciously, awards $5 million in punitive damages (damages intended to punish the wrongdoer). The judge, while acknowledging the newspaper's wrongdoing, might determine that $5 million in punitive damages is grossly disproportionate to the actual harm suffered and to the newspaper's financial capacity, violating constitutional limits on excessive awards. The judge could then use remittitur damna to reduce the punitive damages to a more reasonable figure, such as $500,000, giving the public figure the option to accept or retry the damages portion of the case.

  Here, remittitur damna is applied to reduce a punitive damage award that the judge finds to be excessive and potentially unconstitutional, ensuring the award aligns with legal principles and the severity of the offense.