The following section from Day on Torts Leading Cases in Tennessee Tort Law​​​ is out of date and should not be used. It remains a part of this site for historical purposes only. An updated version of the book is available by subscription at www.birddoglaw.com. (Additional information below.)

§23.4 Damage Award in Excess of Ad Damnum

The Case: Mohr v. DaimlerChrysler Corp., 2008 WL 4613584 (Tenn. Ct. App. Oct. 14, 2008).

The Basic Facts: Plaintiffs tried products claim against manufacturer of mini-van. During trial (after the jury awarded compensatory damages but before it considered punitive damages) plaintiffs moved to increase ad damnum amount.

The Bottom Line:

  • "This Court has held that a jury may not award damages to a single plaintiff that exceeds the amount that plaintiff sued for even though the award is within the aggregate amount sought for all plaintiffs. Hansen v. Bultman, 2002 WL 31780680, *2-3 (Tenn. Ct. App. Dec.13, 2002)." 2008 WL 4613584 at *15.
  • "DCC argues that the Court lacked the authority to allow the amendment because Rule 15.02 Tenn. Rule Civ. Pro. prohibits post-verdict amendments increasing the amount sued for.

    We are persuaded that allowing the amendment was within the discretion of the trial judge. Merriman v. Smith, 599 S.W.2d 548 (Tenn. Ct. App. 1979). The amendment was not allowed post-verdict. It came after the compensatory damage verdict but before the trial on the amount of punitive damages. Therefore, the motion to amend came at a time when the trial judge still had the power to allow the amendment." Id. at 15-16.

    After an accident, many injury victims and their families want more information on the accident and their legal rights. Consequently, many of them have found their way to these pages. While we are happy you are here, please understand Day on Torts: Leading Cases in Tennessee Tort Law was written to be a quick, invaluable reference for Tennessee tort lawyers. While the book provides the leading case for more than 300 tort law subjects and thousands of related case citations, it is not a substitute for personalized legal advice from a qualified lawyer.

    Rather than researching these legal issues alone, we urge you to contact one of our award-winning lawyers who can sit down with you, review your case, answer your questions and clearly explain your rights and your options in a no-cost, no-obligation consultation. Our experienced attorneys handle all personal injury and wrongful death cases on a contingency basis, so we only get paid if we win. If for any reason you are unable to come to our office, we will gladly come to you.

    To schedule an appointment, contact us online or call us at 615-742-4880 or toll-free at 866.812.8787.

    The foregoing is an excerpt from Day on Torts: Leading Cases in Tennessee Tort Law, published by John A. Day, Civil Trial Specialist, Fellow in the American College of Trial Lawyers, recipient of Best Lawyers in America recognition, Martindale-Hubbell AV® Preeminent™ rated attorney, and Top 100 Tennessee Mid-South Super Lawyers designee. Read John’s full bio here.

    The book is now available electronically by subscription at www.birddoglaw.com. The new format allows us to keep the book current as new opinions are released. BirdDog Law also has John's Tennessee Law of Civil Trial and Compendium of Tennessee Tort Reform Statutes available by subscription, as well as multiple free resources to help Tennessee lawyers serve their clients

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