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CITY OF GATLINBURG v. FOX

962 S.W.2d 479 (1998)

CITY OF GATLINBURG, Tennessee; City Of Pigeon Forge, Tennessee; City Of Sevierville, Tennessee; County Of Sevier, Tennessee; and Sevier Solid Waste, Inc., Plaintiffs/Appellees/Appellants, v. Grady Bascom FOX, Jr., and wife, Irene Dixon Fox, and Carroll L. Fox and wife, Mildred Perryman Fox, Defendants/Appellants/Appellees.

Supreme Court of Tennessee, at Knoxville.

March 16, 1998.

Attorney(s) appearing for the Case

Ronald E. Sharp, Sharp & Ripley, Sevierville, for Plaintiffs/Appellees/Appellants.

David C. Lee, J.D. Lee, Lee, Lee & Lee, Knoxville, for Defendants/Appellants/Appellees.

OPINION

ANDERSON, Chief Justice.

The question presented in this appeal is whether the choice of accepting a remittitur or a new trial is available to the party in whose favor the adjustment is made, or the party in whose favor the jury verdict was rendered. In Pitts v. Exxon Corp., 596 S.W.2d 830 (Tenn. 1980), this Court wrote that the choice is available to the party in whose favor the adjustment was made. The...

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