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GOMEZ v. CONSTRUCTION DESIGN INC.

No. SC 85115.

126 S.W.3d 366 (2004)

William GOMEZ, Respondent-Appellant, v. CONSTRUCTION DESIGN, INC., Appellant-Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied February 24, 2004.

Attorney(s) appearing for the Case

Douglas N. Ghertner, John M. Graham, Jr., Kansas City, for Appellant-Respondent.

Candis L. Young, Kansas City, for Respondent-Appellant.

WILLIAM RAY PRICE, JR., Judge.

I.

William Gomez received a jury award of $3.76 million in a negligence action against Construction Design, Inc. ("CDI"). The trial court remitted that award to $2.76 million and conditionally granted CDI a new trial if Gomez declined to accept the remitted award. Gomez accepted the reduced amount, and CDI appeals. Gomez cross-appeals, claiming that the remittitur was improper. The...

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