Donovan v. Penn Shipping Co.
United States Supreme Court
429 U.S. 648 (1977)
Donovan (plaintiff), a sailor and then employee of Penn Shipping Co. (Penn) (defendant), slipped on wet paint and broke his wrist aboard one of Penn’s ships. He brought suit under the Jones Act and the jury found in his favor, awarding him a $90,000 verdict. Penn filed a motion requesting the court to remit the verdict as excessive. The court agreed to either remit the verdict to $65,000 or order a new trial. Donovan accepted the remitted award but did so under protest, reserving the ability to appeal the remittitur. The trial judge incorporated Donovan’s language in the order, and Donovan appealed the remittitur and requested a new trial. The court of appeals denied the appeal, upholding the settled rule that a plaintiff may not seek the reinstatement of a remitted judgment when he has accepted the remittitur. Donovan appealed, and the United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Per Curiam)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.