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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bernstein v. Fernandez, 649 A.2d 1064 (1991)

Citation
Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Parent Document
Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Jurisdiction
DC (municipal)
Effective Date
1991-03-28

Other Sections in This Document (123)

Full Text

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The jury returned a verdict for Mrs. Fernandez on all counts, awarding her a twenty percent abatement of rent, the remedy provided in the settlement agreement, for the period governed by that agreement ($464.40); a complete return of rent for the remaining months ($10,578); $45,000 in damages for nuisance; $40,000 for emotional distress; and $50,000 in punitive damages on each of the four counts ($200,000 altogether in punitive damages). The total award was $296,042.40.[1]*1069 The court later granted a judgment n.o.v. on the emotional distress claim and set aside both the compensatory and punitive damage awards on that claim. In a subsequent order the court directed Mrs. Fernandez to accept a remittitur of each of the three remaining punitive damage awards to $20,000 or face a new trial. She accepted the remittitur, and a final judgment was entered, from which both parties appeal. II. H & M's APPEAL A. Asserted trial errors