Ruf v. Association for World Travel Exchange

351 P.2d 623, 10 Utah 2d 249, 1960 Utah LEXIS 165

• Court: Utah Supreme Court
• Decided: April 28, 1960
• Docket: 9114
• Status: Published

Opinions

HENRIOD, Justice.

Appeal from a $21,344.57 verdict where, in an intersection collision, plaintiff allegedly suffered a spinal injury after landing on his buttocks, from which circumstances’ he bottoms his claim. Another trial is granted unless plaintiff, within 15 days from remittitur, accepts $15,340.57 instead of the jury’s award.

Because of a possible retrial, we do not feel constrained to narrate or comment on the quantum or quality of the evidence. We simply believe and conclude that to the extent of at least $6,004 the jury entertained an excessive award. In this respect we share the puntifical observation of defense counsel that when the verdict was announced he felt that the Ruf fell in.

- We so conclude under that reasoning of Stamp v. Union Pacific R. Co.,¹ indicating that remittitur may be ordered or a new trial granted if the award was “obviously above any reasonable appraisal of the damages suffered,” ² arrived at for reasons therein suggested. We concede that the figure we arrived at is but a best judgment on our part. We know of no other formula to apply in a case like this. In so deciding, we have considered the questionable part of the award of special damages, where the cost of future surgery was considered and awarded.

McDonough and callister, jj., concur.

1 . 5 Utah 2d 397, 303 P.2d 279, 282.

2 . Ibid.