Bail v. Cunningham Brothers, Inc.
United States Court of Appeals for the Seventh Circuit
452 F.2d 182 (1971)
- Written by Sean Carroll, JD
Facts
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
Issue
Holding and Reasoning (Pell, J.)
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