Sec. 52-228a. Appeal from order of remittitur or additur.
Sec. 52-228a. Appeal from order of remittitur or additur. In any jury case where
the court orders a decrease in the amount of the judgment or an increase in the amount
of the judgment, the party aggrieved by the order of remittitur or additur may appeal as
in any civil action. The appeal shall be on the issue of damages only, and judgment shall
enter upon the verdict of liability and damages after the issue of damages is decided.
(February, 1965, P.A. 605; 1972, P.A. 108, S. 10; P.A. 82-160, S. 114.)
History: 1972 act applied provisions to cases where court orders an additur; P.A. 82-160 replaced "remittitur or additur"
with "decrease in the amount of the judgment or an increase in the amount of the judgment".
Cited. 208 C. 82. Legislature provided explicit right to appeal under this section not as replacement for the Sec. 52-228b right to reject the additur, but as alternative recourse for plaintiff. 246 C. 170. Secs. 52-228a and 52-228b are not
inconsistent with one another. Id.
Cited. 2 CA 174. Cited. 35 CA 850. A party, having accepted an additur, lacks standing to appeal from the order granting
that additur. 72 CA 327. When court rendered judgment in favor of plaintiff on same day she accepted additur, it essentially
denied defendant opportunity to respond to additur by the deadline it previously had ordered. That denial contravenes
provisions contained in Sec. 52-228b which allow parties a reasonable time in which to accept the additur. Because court
rendered judgment before allowing defendant either to accept or reject the additur, court acted improperly. 93 CA 309.