Andrew P. Rash and April Rash, Plaintiffs Below-Appellants v. Justin C. Moczulski and Diamond Materials, LLC…

Summary

The Supreme Court of Delaware affirmed the Superior Court’s denial of a new trial and its $10,000 additur. It held that the trial court did not abuse its discretion because the nature and extent of the plaintiff’s injuries and possible failure to mitigate were substantially disputed, and the additur represented the minimum amount required by the record. The Supreme Court also clarified that additur ordinarily requires a new trial subject to the defendant’s acceptance of the additur, but found the procedural error cured because the defendants accepted it on appeal.