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Waring v. Johnson6/12/2000
The practice of using additur is said to be in the interest of sound administration of justice, since it avoids the necessity of a new trial with its accompanying expense and delay. 58 Am. Jur. 2d New Trial § 584 (1989). The granting of new trials upon the ground of inadequacy of damages occurs less frequently than the granting of new trials upon the ground of excessive damages, probably because detection of inadequacy of damages is not as easy as is detection of excessiveness. 58 Am. Jur. 2d New Trial § 403 (1989). Although the motion for a new trial nisi additur has not been frequently used, it is true that the trial judge has the authority to grant a new trial to the plaintiff unless the defendant agrees to the payment of an additional amount. Graham, supra.
Absent an abuse of discretion, the trial court's grant of a motion for new trial nisi additur will not be reversed on appeal. See e.g., Graham v. Whitaker, 282 S.C. 393, 321 S.E.2d 40 (1984)(court did not abuse its discretion in granting patient, who had been awarded $10,000 in actual damages and $10,000 in punitive damages against ophthalmologist for injuries she sustained in a fall in ophthalmologist's office, a new trial nisi on damages unless ophthalmologist agreed to an additur of $67,500 in actual damages, where judge stated appropriate reasons in his order and it could not be argued that patient was adequately compensated by jury verdict); Estes v. Grav, 319 S.C. 551, 462 S.E.2d 561 (Ct. App. 1995)(affirming trial court's grant of plaintiff's motion for new trial nisi additur even where plaintiff claimed on appeal that $500 in additional damages was inadequate); Patterson v. Reid, 318 S.C. 183, 456 S.E.2d 436 (Ct. App. 1995)(trial court did not abuse its discretion in granting motion for new trial nisi additur and increasing damages award to motorist injured in automobile accident from $500.54 to $7,639.40 where treating physician testified that motorist had fibrosis which was most probably result of accident, that she did not believe motorist had psychosomatic problems, and that, due to accident, motorist's daily pain increased to eight on scale of ten from five, even though conflicting evidence was presented regarding effects of, and daily pain level of five prior to accident was caused by, earlier accident in which motorist was involved); Kalchthaler v. Workman, 316 S.C. 499, 503, 450 S.E.2d 621, 623 (Ct. App. 1994)(trial court did not abuse its discretion in granting new trial nisi additur in the amount of $2,553.76 where the plaintiff's motion specified "an amount 'up to $15,000'" and in denying motion for new trial absolute where verdict was not so shockingly disproportionate to injuries sustained as to indicate some influence outside evidence motivated jury's decision); Stroud v. Stroud, 299 S.C. 394, 385 S.E.2d 205 (Ct. App. 1989)(granting new trial nisi additur of $4000, for a total of $8765.17, in personal injury action arising when plaintiff was injured while visiting his brother's repair shop was not abuse of discretion, although plaintiff did not receive amount he had requested); Thomas v. Seay, 295 S.C. 455, 369 S.E.2d 660 (Ct. App. 1988)(evidence in record, that plaintiff suffered 10 to 15% permanent partial impairment to her cervical spine and incurred medical bills totaling almost $2,000 as result of automobile accident, supported grant of new trial nisi additur raising jury verdict of $371 in actual damages to $7,500); Jones v. Ingles Supermarkets, Inc., 293 S.C. 490, 361 S.E.2d 775 (Ct. App. 1987), overruled on other grounds by O'Neal v. Bowles, 314 S.C. 525, 431 S.E.2d 555 (1993) (jury award of $150 in malicious prosecution action to compensate plaintiff for attorney fees incurred in defending charge of issuing check
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