 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Norman v. Wright1/25/2005
reduction of the verdict under section 537.060 may be filed, considered and ruled at any time after entry of judgment. Here, as this Court noted in Norman I , the issue of reduction under section 537.060 was not raised by the pleadings, and the case was tried without any reference to that statute.
In this appeal, Dr. Wright does not seek a new trial. He seeks only to apply an affirmative defense after the case has been tried. In the context of this case, that is too late. The settlement that was reached with the other two defendants was, as noted, a year before the trial of this case. The trial court could have considered an amendment as timely during that period. In the circumstances of this case, it was an abuse of discretion for the trial court to allow an amendment to the pleadings to assert an affirmative defense after trial.
The judgment of the circuit court is reversed, and the case is remanded for the entry of a judgment on the jury's verdict that does not include a reduction for the settlement amount.
All concur.
Page 1 2 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|