Baker v. Spaulding Women's Apparel, Inc.

Appellate Court of Illinois

Baker v. Spaulding Women's Apparel, Inc.

228 N.E.2d 100, 83 Ill. App. 2d 455, 1967 Ill. App. LEXIS 1054

CourtAppellate Court of Illinois

DecidedMay 9, 1967

DocketGen. 50,800

StatusPublished

Cited by4 cases

This text of 228 N.E.2d 100 (Baker v. Spaulding Women's Apparel, Inc.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Spaulding Women's Apparel, Inc., 228 N.E.2d 100, 83 Ill. App. 2d 455, 1967 Ill. App. LEXIS 1054 (Ill. Ct. App. 1967).

Pincite

Opinion

MR. JUSTICE BURKE

delivered the opinion of the court.

In an action for conpensatory and punitive damages on allegations of false imprisonment and other wrongs and on issue joined, the jury returned a verdict against the defendants for $5,000 and judgment was entered thereon. On the hearing of the post-trial motion the court, without the consent of plaintiff, entered a remittitur of $4,250, thereby reducing the judgment to $750. The court also vacated the $5,000 judgment but did not otherwise rule on the post-trial motion. Plaintiff appeals.

Plaintiff’s first point is that the trial judge erred in substituting his judgment for that of the jury in assessing damages. Where the court finds that there should be a remittitur or a new trial the proper procedure is to give the plaintiff an opportunity to accept the remittitur, with the knowledge that a refusal to accept may result in an order allowing a new trial. The court had no authority to enter a remittitur without the consent of the plaintiff. Rasmussen v. National Tea Co., 304 Ill App 353, 358, 26 NE2d 523.

Therefore the judgments for $5,000 and for $750 are reversed and the cause remanded with directions to rule on the post-trial motion and for further proceedings.

Judgments reversed and cause remanded with directions.

LYONS, P. J. and BRYANT, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

MR. JUSTICE BURKE

delivered the opinion of the court.

In an action for conpensatory and punitive damages on allegations of false imprisonment and other wrongs and on issue joined, the jury returned a verdict against the defendants for $5,000 and judgment was entered thereon. On the hearing of the post-trial motion the court, without the consent of plaintiff, entered a remittitur of $4,250, thereby reducing the judgment to $750. The court also vacated the $5,000 judgment but did not otherwise rule on the post-trial motion. Plaintiff appeals.

Plaintiff’s first point is that the trial judge erred in substituting his judgment for that of the jury in assessing damages. Where the court finds that there should be a remittitur or a new trial the proper procedure is to give the plaintiff an opportunity to accept the remittitur, with the knowledge that a refusal to accept may result in an order allowing a new trial. The court had no authority to enter a remittitur without the consent of the plaintiff. Rasmussen v. National Tea Co., 304 Ill App 353, 358, 26 NE2d 523.

Therefore the judgments for $5,000 and for $750 are reversed and the cause remanded with directions to rule on the post-trial motion and for further proceedings.

Judgments reversed and cause remanded with directions.

LYONS, P. J. and BRYANT, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

228 N.E.2d 100, 83 Ill. App. 2d 455, 1967 Ill. App. LEXIS 1054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-spaulding-womens-apparel-inc-illappct-1967.

Opinion

Related

Cite This Page — Counsel Stack