Fill and Sign the Additur Form

IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________       ) )       ) Petitioner/Plaintiff, ) ) ) NO.       Vs. ) )       ) Respondent/Defendant ) ) RESPONSE TO PLAINTIFF'S MOTION FOR ADDITUR OR NEW TRIAL COMES NOW, the Defendant, ___________________, by and through undersigned counsel, and files this its response to Plaintiff's Motion for Additur or New Trial and in support thereof, would show unto this honorable Court the following facts and circumstances, to - wit: I. Pursuant to ________. Code Ann. _____ (_____), an additur can only be awarded if this Court finds: 1. The jury was influenced by bias, prejudice, or passion; or 2. The damages awarded by the jury were contrary to the overwhelming weight of the credible evidence. II. The jury's verdict of $___________ does not reflect bias, prejudice, or passion on the part of the jury and is not contrary to the overwhelming weight of the credible evidence. At trial, Plaintiff introduced evidence that she incurred $___________ in medical expenses some of which the jury obviously felt were unrelated to the _____ day of _____________, 20____ incident at ___________________ or unnecessary and unreasonable. Evidence of lost wages was also presented to the jury although no precise figure was established. The jury obviously felt these damages had been greatly exaggerated by the Plaintiff or that the Plaintiff had failed in her duty to properly mitigate. Nevertheless, the jury returned a verdict nearly $___________ in excess of Plaintiff's medical expenses. As such, the verdict of the jury was proper and Plaintiff's Motion for Additur or New Trial should be denied. - 1 - WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests that this Court deny Plaintiff's Motion for Additur and enter Judgment on the jury's verdict of $___________. Respectfully submitted, Dated: Name:       Title:       Address: Address: City, State, Zip: Phone: Fax: E-Mail: Attorney No.: CERTIFICATE OF SERVICE I, ______________________________, do hereby certify that I have this day mailed, U.S. Mail, postage prepaid, a true and correct copy of the above and foregoing to __________________________________, at the following address; ___________________________________________________________________ THIS the ____ day of _____________, 20____. - 2 -