Taormina v. Mathews
Taormina v. Mathews
Opinion of the Court
The issue in this case is whether the trial court abused its discretion in ordering a new trial on the ground that the jury’s verdict was excessive.
This cause arose out of the sale of a home owned jointly by Paul John Taormina, Jr., appellant herein, and his former wife, Sandra Lee Taormina.
The Taorminas brought suit against Betty J. Moore, the estate of Otis Moore, and James C. Mathews d/b/a James C. Mathews Realty Company. Betty J. Moore in-terpleaded money into court to pay for the home. She received a register’s deed to the property. The United States of America, which held a first mortgage on the home through the Farmer’s Home Administration, was awarded that money. Mrs. Moore assigned all her rights and claims against Mr. Mathews to the Taorminas, and was dismissed from the suit with prejudice. Various counterclaims and cross claims by the parties are not involved here.
We are concerned here with the claim of Mr. Taormina against defendant James C. Mathews, d/b/a James C. Mathews Realty Company only. The jury was instructed on breach of contract, legal fraud, misrepresentation, deceit, and punitive damages. The jury returned a verdict in favor of Taormina for $10,000. Mathews moved for new trial, including the ground of excessive damages. The court found the verdict to be excessive by $6,500, and denied new trial conditioned on Taormina’s acceptance of a remittitur in that amount. Taormina did not accept the remittitur,
The grant or refusal of a new trial is largely in the discretion of the trial court
We find nothing in this record to indicate that the jury’s verdict was based on bias, prejudice, passion or corruption. There was evidence, if believed by the jury, to support Taormina’s claim of legal fraud and deceit with punitive damages. See Ex parte Lewis, 416 So.2d 410 (Ala. 1982). See also, Ex parte Smith, 412 So.2d 1222 (Ala. 1982). The jury was charged as to punitive damages without objection and there is no specific challenge to such damages in the post-trial motion. Punitive damages are left to the discretion of the jury. There is no set measurement of such damages. New trial or remittitur should not be ordered simply because in the opinion of the court the jury gave too much. Shiloh Construction Co. v. Mercury Construction Corp., 392 So.2d 809 (Ala. 1980).
In view of the evidence at trial, and especially the element of punitive damages, we find that the trial court abused its discretion in remitting the jury verdict and in ordering new trial.
This cause is due to be reversed and judgment entered according to the verdict of the jury.
REVERSED AND REMANDED WITH DIRECTIONS.
. Mrs. Taormina was a plaintiff in this action, received a separate verdict, but accepted a re-mittitur from the trial court, and is not involved in this appeal.
. Mr. Moore died prior to this suit.
. The testimony was disputed as to whether the sale of the home and the mobile home were separate. There was evidence that the mobile home was taken as a “trade-in.”
. Mrs. Taormina accepted a remittitur of $800, leaving her verdict at $2,551.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.