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Wednesday, April 26, 2017

New Opinion: Trial Court's Remittitur of Jury Verdict Upheld on Appeal

Yesterday the Tennessee Court of Appeals, Eastern Grand Division, issued its opinion in West v. Epiphany Salon & Day Spa, LLC, No. E2016-01860-COA-R3-CV (Tenn. Ct. App. Apr. 25, 2017). Here is a link to the syllabus from the slip opinion:  
This appeal concerns a jury award of damages in a negligence case. Suzanne Bishop West (“West”) sued Epiphany Salon & Day Spa, LLC (“Epiphany”) in the Circuit Court for Hamilton County (“the Trial Court”) for damages resulting from a facial she received that burned her face. Epiphany conceded liability and the matter went before a jury for a determination of damages. The jury awarded West $125,000 in damages. Epiphany filed a motion for remittitur. The Trial Court, finding the award excessive, reduced the award from $125,000 to $47,800. West appeals to this Court, asking that we restore the original jury award of $125,000. Finding no reversible error, we affirm the judgment of the Trial Court.
Here is a link to the slip opinion: