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O'Gee v. Dobbs Houses, Inc.

United States Court of Appeals for the Second Circuit

570 F.2d 1084 (1978)

Relevant factsFree

United Airlines flight attendant Kathleen O'Gee (plaintiff) injured her back while latching a buffet that Dobbs Houses (defendant) had negligently failed to secure properly, suffering a year of significant pain, extended bedridden periods, and eventual back surgery, after which United reassigned her to smaller aircraft, a role in which she performed with distinction and earned perfect attendance recognition in subsequent years. O'Gee sued for negligence and, after a seven-day trial, the jury awarded her $170,000; the trial judge denied Dobbs Houses' challenge to the award, indicating any verdict up to $200,000 would be sustained, and Dobbs Houses appealed the damages amount.

IssueFree

Whether an appellate court may review and reduce a jury's damages award as excessive where the plaintiff's claimed economic losses were modest and her professional recovery was largely successful.

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