22.17 - B. Excessiveness Or Inadequacy Of Award

JurisdictionNew York

b. Excessiveness or Inadequacy of Award

“[A] trial court may overturn a jury’s award of damages in a negligence action where it ‘deviates materially from what would be reasonable compensation.’. . . Although the court should exercise its discretion over damage awards sparingly, it is accorded considerable latitude in that regard.”3413

In arguing that an award should be set aside as excessive or inadequate, the usual and effective approach is to cite awards given in other cases for similar injuries.3414 This approach only goes so far, however, because the courts recognize that “in no two cases are the quality and quantity of such damages identical.”3415 Accordingly, the post-trial motion should include an in-depth discussion of the injuries in order to establish that the consequences of the injury are actually greater or less than those perceived by the jury.

When the court determines a jury verdict is excessive or inadequate, it cannot simply modify the award by fixing the amount it...

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