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Kenton v. Hyatt Hotels Corp.

Missouri Supreme Court

693 S.W.2d 83 (1985)

Relevant factsFree

Kay Kenton (plaintiff), then in her twenties and partway through law school, was severely injured — including a broken neck causing permanent spinal cord damage and chronic PTSD — when two skywalks collapsed at a Kansas City Hyatt Regency, killing and injuring many others. Hyatt (defendants) stipulated to liability, leaving only damages to be tried, with the settlement excluding evidence about the skywalks' construction or maintenance. At trial, evidence of the accident scene, video and photos (without images of injured or dead bodies), and testimony from two law professors that Kenton's injuries made completing law school and practicing law unlikely, supported evidence of $2.28–$3.2 million in combined lost income and medical costs; a jury awarded $4 million in compensatory damages, but the trial judge found this excessive and ordered a new trial unless Kenton accepted a $250,000 remittitur. Both sides appealed, with Hyatt seeking a $2 million remittitur.

IssueFree

Whether an award of compensatory damages for permanent personal injury is excessive where it reasonably relates to the nature and extent of the injuries, the victim's age, present and future economic losses and costs, and awards made in comparable cases.

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