Berry v. Robertson et al

Filing 54

RULING AND ORDER: The 47 Motion for New Trial, Or Alternatively Motion for Remittitur is DENIED IN PART and GRANTED IN PART. Specifically, Defendants' motion for a new trial based on juror misconduct is DENIED, while their motion for remittitu r is GRANTED. The prior 44 Judgment is AMENDED, such that judgment is conditionally entered IN FAVOR OF Plaintiff Marcus Berry and AGAINST Defendants Leon Roberson and Auto-Owners Insurance Company in the sum of SEVEN HUNDRED NINETY THOUSAND ($ ;790,000.00) DOLLARS, with interest from the date of entry of final judgment, and costs. Plaintiff Berry shall file in the record within twenty-one (21) days from the date of this Ruling and Order a written notice to the Court stating whether he acce pts or rejects the foregoing remittitur. If Plaintiff accepts the remittitur, final judgment in this matter, consistent with the findings herein, shall be rendered on the date of acceptance. If Plaintiff rejects the remittitur, the case of Plaintiff Marcus Berry versus Defendants Leon Roberson and Auto-Owners Insurance Company will be set for a new trial on the issue of general damages. Considering the Court's conditional judgment herein which alters the original judgment in this matter, Plaintiffs 48 Motion to Alter or Amend Judgment to Add Interest is DENIED AS MOOT. Document 47-2 in this matter STRICKEN from the record. Signed by Chief Judge Brian A. Jackson on 04/28/2015. (BCL)