Belanger v. Teague

Supreme Court of New Hampshire

Belanger v. Teague

490 A.2d 772, 126 N.H. 110, 1985 N.H. LEXIS 284

CourtSupreme Court of New Hampshire

DecidedFebruary 15, 1985

DocketNo. 84-193

StatusPublished

Cited by7 cases

This text of 490 A.2d 772 (Belanger v. Teague) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Belanger v. Teague, 490 A.2d 772, 126 N.H. 110, 1985 N.H. LEXIS 284 (N.H. 1985).

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Opinion

Memorandum Opinion

This appeal challenges an order of the Superior Court (Gray, J.) granting a motion for additur without extending the option of a new trial to the defendant.

Additur is customarily sought as alternative relief on a motion for a new trial on the ground of inadequate damages. Additur is “an order denying the plaintiffs application for a new trial on the condition that the defendant consent to an increase in the jury’s award as specified by the trial judge. The option of accepting an additur rests with [the] defendant . . . .” Bitting v. Willett, 47 N.J. 6, 9, 218 A.2d 859, 861 (1966). Accord Hoague v. Cota, 140 Vt. 588, 591-92, 442 A.2d 1282, 1283 (1982); Jehl v. Southern Pac. Co., 66 Cal. 2d 821, 827 n.1, 59 Cal. Rptr. 276, 279 n.1, 427 P.2d 988, 991 n.1 (1967); see Reid v. Spadone Mach. Co., 119 N.H. 457, 466, 404 A.2d 1094, 1100 (1979); cf. Wadsworth v. Russell, 108 N.H. 1, 226 A.2d 492 (1967) (new trial not required where plaintiff agreed to a remittitur of excess judgment). Hence, a jury verdict supplemented with an additur may go to judgment only if the defendant waives a new trial.

Since defendant objects, there must be a new trial. Because comparative negligence was an issue and the jury apparently made no special findings, the case must be retried on liability as well as damages. Moreover, there is sufficient appearance of a compromise verdict to warrant a new trial on all issues.

So ordered.

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Memorandum Opinion

This appeal challenges an order of the Superior Court (Gray, J.) granting a motion for additur without extending the option of a new trial to the defendant.

Additur is customarily sought as alternative relief on a motion for a new trial on the ground of inadequate damages. Additur is “an order denying the plaintiffs application for a new trial on the condition that the defendant consent to an increase in the jury’s award as specified by the trial judge. The option of accepting an additur rests with [the] defendant . . . .” Bitting v. Willett, 47 N.J. 6, 9, 218 A.2d 859, 861 (1966). Accord Hoague v. Cota, 140 Vt. 588, 591-92, 442 A.2d 1282, 1283 (1982); Jehl v. Southern Pac. Co., 66 Cal. 2d 821, 827 n.1, 59 Cal. Rptr. 276, 279 n.1, 427 P.2d 988, 991 n.1 (1967); see Reid v. Spadone Mach. Co., 119 N.H. 457, 466, 404 A.2d 1094, 1100 (1979); cf. Wadsworth v. Russell, 108 N.H. 1, 226 A.2d 492 (1967) (new trial not required where plaintiff agreed to a remittitur of excess judgment). Hence, a jury verdict supplemented with an additur may go to judgment only if the defendant waives a new trial.

Since defendant objects, there must be a new trial. Because comparative negligence was an issue and the jury apparently made no special findings, the case must be retried on liability as well as damages. Moreover, there is sufficient appearance of a compromise verdict to warrant a new trial on all issues.

So ordered.

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Bluebook (online)

490 A.2d 772, 126 N.H. 110, 1985 N.H. LEXIS 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belanger-v-teague-nh-1985.

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