William Fisch, Plaintiff-Appellant v. George Manger and Lee Branin, T/A Manger & Branin and Bernard Clausi…

Summary

The Supreme Court of New Jersey reversed the trial court’s denial of a new trial conditioned on the defendant’s consent to increase the jury award (additur), holding that the trial court lacked authority to impose such a condition and that the prescribed increase to $7,500 was inadequate. The Court ordered a new trial limited to the issue of damages. Justice Heher’s concurring opinion emphasized the historical constitutional protection of the jury’s verdict.