Additur - Remittur

The New Jersey Law Journal (10/27, Gallagher) reports that Morris County, NJ, Superior Court Judge Robert Brennan "increased to $1 million a $100,000 pain-and-suffering award in a product-liability suit over a snowmobile accident that cost plaintiff Dennis Mohr a leg. Mohr's lawyer, Morristown solo Herbert Korn, says Brennan found the $100,000 award a 'jury mistake' and that $1 million was the lowest fair and reasonable amount." Brennan "gave defendant Yamaha Motor Company 20 days to accept the additur or face a re-trial of damages in Mohr v. Yamaha Motor Company, MOR-L-2068-07."

As the foregoing article describes, trial judges have inherent authority to make corrections at the trial level when justice requires. One such practice is additur. This option allows the judge to modify the jury verdict and enter a just award. If the parties accept the additur, the judgment is entered. If the parties reject the additur, a new trial is order. The option also works in reverse and allow the trial judge in the interest of justice to reduce a jury verdict. When a verdict is reduced, the process is known as remittur.