NORFOLK SOUTHERN RY. CO. v. CROWN POWER

Nos. WD 73586, WD 73616.

385 S.W.3d 445 (2012)

NORFOLK SOUTHERN RAILWAY COMPANY, Appellant-Respondent, v. CROWN POWER & EQUIPMENT CO., L.L.C., Respondent-Appellant.

Missouri Court of Appeals, Western District.

Application for Transfer Denied July 31, 2012.


Attorney(s) appearing for the Case

Richard E. McLeod , Kansas City, MO, for Appellant-Respondent.

Larry J. Tyrl , Overland Park, KS, for Respondent-Appellant.

Before Division One: CYNTHIA L. MARTIN, Presiding Judge, and THOMAS H. NEWTON and KAREN KING MITCHELL, Judges.


KAREN KING MITCHELL, Judge.

This case involves an alleged error by the jury in recording its verdict. The primary issue is whether the trial court erred in denying the plaintiff's motion for additur or, in the alternative, for a new trial as to damages only, when the damage award contained in the verdict was contrary to the uncontested facts in the record but when there was no clear alternative to the jury's damage award. We hold that, under these facts, the court...

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