Legal Definitions - remittitur damnum

Remittitur damnum is a legal procedure where a trial court reduces the amount of monetary damages awarded by a jury. This typically occurs when the court determines that the jury's award is excessive, unsupported by the evidence presented, or deviates significantly from what is considered reasonable compensation for the harm suffered. The court usually offers the party who received the award the option to accept the reduced amount or proceed with a new trial solely on the issue of damages.

• Example 1: Personal Injury Lawsuit

  A jury in a personal injury case awards a plaintiff $10 million for pain and suffering after a minor car accident that resulted in only temporary discomfort and no permanent injuries. The defendant's legal team argues that this amount is grossly excessive given the medical evidence and the nature of the injuries. The judge, after reviewing the evidence and legal precedents for similar cases, agrees that $10 million is disproportionate to the actual harm. The judge then issues a remittitur damnum, reducing the award for pain and suffering to $1 million, and offers the plaintiff the choice to accept this reduced amount or undergo a new trial to determine damages.

  This example illustrates remittitur damnum because the court intervenes to lower a jury's monetary award that it deems unreasonably high for the actual damages incurred.

• Example 2: Breach of Contract Dispute

  A small business sues a larger corporation for breach of contract, claiming $500,000 in lost profits due to the corporation's failure to deliver goods on time. The jury, swayed by emotional testimony, awards the small business $750,000. The corporation's lawyers file a motion for remittitur, arguing that the financial records and expert testimony presented at trial only supported a maximum of $400,000 in lost profits. The judge reviews the financial evidence and concludes that the jury's award exceeded what was reasonably proven. The judge then orders a remittitur damnum, reducing the award to $400,000, giving the small business the option to accept or request a new trial on damages.

  Here, remittitur damnum is applied because the court found the jury's calculation of damages for lost profits to be unsupported by the financial evidence presented during the trial, leading to a reduction of the award.

• Example 3: Defamation Case with Punitive Damages

  In a defamation lawsuit, a jury awards a public figure $500,000 in compensatory damages and an additional $5 million in punitive damages against a tabloid newspaper. The newspaper's attorneys argue that the punitive damages are excessive and violate constitutional limits on such awards. The judge, considering the severity of the defamation, the newspaper's conduct, and legal guidelines for punitive damages, determines that $5 million is disproportionate and serves no further deterrent purpose beyond a lower amount. The judge issues a remittitur damnum, reducing the punitive damages to $1.5 million, allowing the public figure to accept the reduced amount or face a new trial on punitive damages.

  This scenario demonstrates remittitur damnum as the court reduces a jury's award for punitive damages, finding it to be excessively high and potentially unconstitutional, even when the underlying claim of defamation was proven.