Maureen Mowry v. Allstate Insurance Company

Syllabus

The defendant, Allstate Insurance Company, appealed from a judgment entered in favor of the plaintiff, Maureen Mowry, granting the plaintiff's motion for additur. On appeal, the defendant asserted that the trial justice erred in granting the additur because the jury's determination of damages was not against the weight of the evidence, and because the trial justice erroneously found that the damage award was not truly responsive and failed to provide substantial justice between the parties. Additionally, the defendant took issue with a comment made by the trial justice in rendering his decision on the plaintiff's motion for a new trial and/or additur regarding an award the plaintiff received in a settlement with the tortfeasor's insurance carrier. The Supreme Court carefully reviewed the trial justice's analysis in granting the plaintiff's motion for additur and concluded that the trial justice did not overlook material evidence or commit clear error. The Supreme Court held that there was sufficient evidence relating to the plaintiff's injuries that reasonably warranted the granting of an additur. Furthermore, the Supreme Court dismissed the defendant's contention with respect to the comment made by the trial justice concerning the settlement between the plaintiff and the tortfeasor's insurance carrier. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.