Donovan v. Penn Shipping Co.
United States Supreme Court
429 U.S. 648 (1977)
Relevant factsFree
Donovan (plaintiff), injured aboard Penn Shipping's (defendant) vessel, won a $90,000 jury verdict under the Jones Act, but the trial court ordered remittitur to $65,000 or a new trial. Donovan accepted the reduced award but expressly did so "under protest," reserving the right to appeal the remittitur, and the trial judge incorporated that reservation into the order before Donovan appealed seeking reinstatement of the original verdict.
IssueFree
Whether a plaintiff may appeal a remittitur order to which he has agreed.