section 908

Citation: section 908
Parent Document: Patrick Blanks v. Fluor Corporation, 450 S.W.3d 308 (2014)
Jurisdiction: Missouri (state)
Effective Date: 2014-09-16
Original Source: https://www.courtlistener.com/opinion/2733178/patrick-blanks-v-fluor-corporation/ ↗

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   Remittitur and a constitutionally reduced verdict, though potentially achieving the same result, are in
theory different. A remittitur is a substitution of the court’s judgment for that of the jury regarding the
appropriate award of damages. Johansen, 170 F.3d at 1331. The court orders a remittitur when it finds that
the jury’s award is excessive and unreasonable on the facts. Id.; Section 537.068. In other words, the court
may order remittitur relief when the jury awards a verdict that is simply “too bounteous” under the
evidence. Moore v. Missouri-Nebraska Exp., Inc., 892 S.W.2d 696, 714 (Mo. App. W.D. 1994). A
constitutional reduction, on the other hand, is a determination that the law does not permit the award.
Johansen, 170 F.3d at 1331. Unlike a remitittur, which is discretionary with the court, a court has a
mandatory duty to correct an unconstitutionally excessive verdict so that it conforms to the requirements of
the due-process clause. Id.

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