Soto v. Sacco

by
Although a trial court should be circumspect when modifying a jury verdict, the court nonetheless may do so if it states the Ariz. R. Civ. P. 59(a) or (i) grounds for the order and explains its ruling with sufficient particularity to avoid speculation as to its order of a conditional new trial or additur or remittitur. After a jury trial in this personal injury case, Michael Soto was awarded $700,000. Defendants moved for a new trial, or to alter or amend the judgment, and for remittitur under Rule 59, requesting that Michael’s award be reduced. The trial court granted a remittitur pursuant to Rule 59(i) and reduced Michael’s award to $250,000. The Supreme Court affirmed the trial court’s order conditionally granting a new trial and remanded the case for further proceedings, holding that Defendants carried their burden of establishing that the trial court’s remittitur and new trial order was supported by substantial evidence and was not an abuse of discretion. View "Soto v. Sacco" on Justia Law