Bail v. Cunningham Brothers, Inc

452 F.2d 182 (7th Cir. 1971)

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Nature of the Case

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Facts

Bail's (P) complaint sought $100,000 in damages in an ad damnum clause. On the morning of trial, P made a motion to amend his complaint to $250,000 in damages. That motion was denied; trial was set for the same day. The judge determined that Cunningham (D) had not been given notice of the motion. P was awarded $150,000 in damages by the jury. P motioned to amend his complaint after trial to $150,000. That motion was granted. The award was reduced to $135,000 because one defendant had given P $15,000 before trial in return for a covenant not to pursue. D appealed the decision, seeking a remittitur from $135,000 to $85,000. D contends that the ad damnum clause sets the limits of recovery and that the judge abused discretion by allowing it to be amended after the verdict was rendered.