Bail v. Cunningham Brothers, Inc.
United States Court of Appeals for the Seventh Circuit
452 F.2d 182 (7th Cir. 1971)
Bail (plaintiff) sued Cunningham Brothers (defendant) demanding $100,000 in damages; a pretrial motion to raise that demand to $250,000 was denied. At trial, Cunningham's defense focused entirely on disputing liability, not the amount of damages, and the jury ultimately awarded Bail $150,000 -- $50,000 more than the original complaint demanded. Bail then moved post-trial to amend the ad damnum clause to match the $150,000 award, which the court granted; Cunningham appealed, seeking a $50,000 remittitur and arguing it would have contested damages more aggressively had it known a higher award was possible.
Whether a complaint's ad damnum clause may be amended, including after trial to conform to the jury's actual award, when the amendment does not change the issues litigated or the proof of any material fact.