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Grandstaff v. Hawks5/31/2000
he trial judge's adjustment. See Long v. Mattingly, 797 S.W.2d 889, 896 (1990); Coffey v. Fayette Tubular Prods., 929 S.W.2d at 331.
C.
A review of the record does not suggest that the evidence preponderates against the trial court's finding that the verdict was excessive or the trial court's decision to remit Ms. Grandstaff's damages by $63,000. The trial court was in a better position than this court to weigh the testimony concerning Ms. Grandstaff's injuries and damages. Ms. Grandstaff's plastic surgeon testified that the scars had healed to the point of being almost indiscernible. Apart from the cost of visiting her chiropractor, which also occurred prior to the accident, her medical expenses will not exceed $15,000. Accordingly, we find that the record supports the trial court's decision to reduce Ms. Grandstaff's damages to $75,000.
We find it necessary, however, to clarify the effect of the trial court's remittitur. In its June 18, 1997 letter, the trial court suggested a remittitur of $63,000, "reducing the original Judgment" from $138,000 to $75,000. It is not clear whether the trial court was referring to the jury's $138,218.37 verdict or to the April 14, 1997 judgment awarding Ms. Grandstaff a total of $135,454 (49% of her damages from each defendant). A remittitur reduces an excessive verdict rather than a judgment. Thus, the remittitur in this case reduced the $138,218.37 verdict by $63,000 to $75,218.37. Because Ms. Grandstaff has already settled with Mr. Hawks, the net effect of the remittitur is to reduce the amount that State Farm must pay under its uninsured motorist coverage from $67,727 (49% of $138,218.37) to $36,857 (49% of $75,218.37).
IV.
We affirm the judgment as remitted by the trial court subject to the modifications required by Section III of this opinion. We tax the costs of this appeal to State Farm Mutual Insurance Company and its surety for which execution, if necessary, may issue.
APPENDIX
MULTI-PARTY JURY VERDICT FORM
1. Without considering fault, what total of damages do you find was sustained by each of the parties making a claim:
Name of claimant $________________
Name of claimant $________________
Name of claimant $________________
Name of claimant $________________
2. What percentage of fault do you attribute to each person whose conduct caused or contributed to the collision (these persons may include non-parties properly named by the defendants). Your answers must total 100%.
Name of person (0-100%)
Name of person (0-100%)
Name of person (0-100%)
Name of person (0-100%)
Total 100%
3. State the percentage by which the negligence of each claimant named in paragraph 1 caused or contributed to the claimant's own injuries (as opposed to the collision):
Name of claimant (0-100%)
Name of claimant (0-100%)
Name of claimant (0-100%)
Name of claimant (0-100%)
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