Fisch v. Manger
Supreme Court of New Jersey
130 A.2d 815 (N.J. 1957)
William Fisch (plaintiff) was injured in a car accident and sued George Manger and others (defendants); a jury awarded Fisch only $3,000 in damages. Fisch moved for a new trial seeking greater damages, and the trial court, agreeing the award was inadequate, ruled it would grant a new trial unless the defendants agreed to raise the award to $7,500 (an additur). The defendants agreed, so the trial court denied the new-trial motion; Fisch appealed, arguing a court may not condition denial of a new-trial motion on the defendants' agreement to increase the jury's award.
Whether a court may condition the granting or denial of a new trial on the defendant's agreement to an additur increasing an inadequate jury verdict.