Motion for Remittitur Denied by Delaware Court Where Verdict Not Deemed Grossly Excessive

The defendant was dropping off his sister (the plaintiff) at a Goodwill store in Wilmington, Delaware. The defendant proceeded to drive away from the storefront before the plaintiff fully exited the vehicle, causing her to be dragged by the moving car. As a result of the accident, the plaintiff suffered from a broken femur, among other injuries. 

A jury found the defendant negligent and awarded the plaintiff $94,000 in damages. The defendant filed a Motion for Remittitur, arguing that only $67,500 of “compensatory damages” out of the jury’s $94,000 verdict was appropriate. According to the defendant, the medical bills and special damages in the amount of $26,494.49 should not have been permitted to go to the jury. Further, the defendant argued the court erred in allowing the plaintiff to re-open her case-in-chief to admit certain medical bills and medical liens, and that these exhibits led to the special damages of $26,494.49 awarded by the jury. 

The court held the defendant cannot argue surprise or prejudice about the exhibits as he was given an opportunity to examine the plaintiff about the exhibits but had declined to do so. Further, the court would not disturb the jury’s verdict as excessive “unless it is so clear as to indicate that it was the result of passion, prejudice, partiality, or corruption; or that it was manifestly the result of disregard of the evidence or applicable rules of law.” 

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