§ 52-228a — Appeal from order of remittitur or additur.

Connecticut § 52-228a

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 900: Court Practice and Procedure

Text

In any jury case where the court orders a decrease in the amount of the judgment or an increase in the amount of the judgment, the party aggrieved by the order of remittitur or additur may appeal as in any civil action. The appeal shall be on the issue of damages only, and judgment shall enter upon the verdict of liability and damages after the issue of damages is decided.

Legislative History

(February, 1965, P.A. 605; 1972, P.A. 108, S. 10; P.A. 82-160, S. 114.) History: 1972 act applied provisions to cases where court orders an additur; P.A. 82-160 replaced “remittitur or additur” with “decrease in the amount of the judgment or an increase in the amount of the judgment”. Cited. 208 C. 82. Legislature provided explicit right to appeal under section not as replacement for Sec. 52-228b right to reject the additur, but as alternative recourse for plaintiff; this section and Sec. 52-228b are not inconsistent with one another. 246 C. 170. Cited. 2 CA 174; 35 CA 850. A party, having accepted an additur, lacks standing to appeal from the order granting that additur. 72 CA 327. When court rendered judgment in favor of plaintiff on same day she accepted additur, it essentially denied defendant opportunity to respond to additur by the deadline it previously had ordered; that denial contravenes provisions contained in Sec. 52-228b which allow parties a reasonable time in which to accept the additur; because court rendered judgment before allowing defendant either to accept or reject the additur, court acted improperly. 93 CA 309.