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Bail v. Cunningham Brothers, Inc.

United States Court of Appeals for the Seventh Circuit
452 F.2d 182 (7th Cir. 1971)


Bail (plaintiff) brought suit against Cunningham Brothers, Inc. (Cunningham) (defendant), seeking $100,000 in damages. Before the trial, Bail filed a motion to amend the complaint by changing the ad damnum clause to $250,000. The district judge denied the motion. At trial, Cunningham’s main argument was that it was not liable at all; it therefore did not focus any of its arguments on the amount of damages. The jury found in favor of Bail and awarded him $150,000—$50,000 above the amount in the complaint. Subsequently, Bail filed a post-trial motion to amend the ad damnum clause to $150,000. The motion was granted. Cunningham appealed, seeking a remittitur of $50,000. Cunningham argued that it would have argued damages had it known the possible relief would be higher.

Rule of Law


Holding and Reasoning (Pell, J.)

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