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Donaldson v. Anderson

11/4/1993

eal, nothing in the record justifies the award of zero damages.


Therefore, we conclude that the district court abused its discretion by rejecting the Donaldsons' motion for additur and alternative motion for a new trial. We reverse the district court's order and remand with instructions to grant a new trial limited to damages, unless Anderson agrees to a $400,000 additur representing the Donaldsons' loss of consortium. After reduction for Jeremy's fifty percent comparative fault, this would result in a $200,000 judgment for the Donaldsons' suffering. Anderson will have twenty days to accept or reject this amount from the date a corresponding order is entered by the trial court.







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