Donovan v. Penn Shipping Co

Brief Fact Summary.

Donovan appealed the decision of the appellate court after agreeing to a remittitur that he later was not willing to accept. 

Synopsis of Rule of Law.

A plaintiff cannot appeal a remittitur that the plaintiff agreed to.

Facts.

Donovan sued Penn Shipping Co. (Penn) after slipping on wet paint. The trial court awarded Donovan $90,000. Penn filed a motion to remit the award to $65,000 and Donovan agreed, but reserved the right to appeal the revised award. Donovan appealed and the court of appeals denied Donovan’s request to reinstate the initial reward. Donovan appealed.

Issue.

Whether a plaintiff can appeal a remittitur that he agreed to?

Held.

No. Plaintiffs are barred from appealing remitted judgments. The judgments of the lower courts are affirmed.

Discussion.

A plaintiff may not appeal a remittitur after accepting a remitted judgment.