Supreme Court of Delaware

In a personal injury action arising from an automobile accident, judgment and award for plaintiff is affirmed where, despite plaintiff's motion for a new trial and opposition to an additur motion, the trial court did not violate plaintiff's right to a jury trial by granting defendant's motion for additur after a jury award of zero damages. The right to a jury trial only requires that defendant consent to additur and plaintiff consent to remittitur.

Appellate Information

• Decided 08/26/2009
• Published 08/26/2009

Judges

• BERGER, Justice., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• William D. Fletcher, Jr., Esquire (argued), B. Brian Brittingham, Esquire, Schmittinger & Rodriguez, P.A., Dover, Delaware for Plaintiff Below, Appellant Michele J. Reid.


• For Appellees:
  
• Jeffrey A. Young, Esquire, (argued) Young & McNelis, Dover, Delaware for Defendant Below, Appellee Michelle A. Hindt., Sherry Ruggiero Fallon, Esquire, (argued) Tybout, Redfearn & Pell, Wilmington, Delaware for Defendant/Third Party Plaintiff Below, Appellee/Cross Appellant Daisy Construction Company.