Holden v. Wal-Mart Stores, Inc.
Nebraska Supreme Court
608 N.W.2d 187 (2000)
Relevant factsFree
Holden (plaintiff) fell in a Wal-Mart (defendant) parking lot, allegedly due to a hole, and required knee replacement surgery costing $25,000; evidence at trial showed she had a preexisting knee condition that would likely have required replacement surgery within five to ten years regardless of the fall. The jury awarded her only $6,000 in total damages, and Holden appealed, arguing the jury miscalculated.
IssueFree
Whether an appellate court may set aside a damages award that is not so disproportionate as to shock the conscience or result from the factfinder's passion, prejudice, or mistake.