Constitutional Law - Right to a Trial by Jury-Power of Trial Court to Use Additur

Authors

Robert W. Steele S.Ed., University of Michigan Law SchoolFollow

Abstract

The plaintiff brought suit against two defendants, claiming $56,000 for personal injuries suffered in an accident. Upon return of a jury verdict for the plaintiff in the amount of $3,000, the plaintiff moved for a new trial on the issue of damages. The trial court denied the motion on condition that defendants consent to the entry of a judgment of $9,830.92. Both defendants consented. Plaintiff appealed on the ground that the use of an additur constituted an infringement of his constitutional guarantee of a jury trial. Held/em>, affirmed. Conditioning the denial of a new trial upon the defendant's consent to an increase in the judgment does not violate the Minnesota state constitution which states that the right of trial by jury shall remain inviolate. Genzel v. Halvorson, (Minn. 1957) 80 N.W. (2d) 854.