Tammy Lou Fontenot v. Taser International, Inc
Facts: Tammy Lou Fontenot (plaintiff) filed a wrongful death lawsuit against Taser International, Inc on behalf of the deceased, Daryl Turner. Turner fell while receiving shock from a taser and could not be resuscitated. A jury awarded Fontenot $10 million in damages for Turner’s wrongful death. Taser International, Inc filed for JNOV and a new trial or remittitur as they felt the damages awarded were excessively high.
Issues presented: In this case, does Taser International, Inc present grounds for JNOV, a new trial or a remittitur regarding the damages awarded? JNOV is applicable if the evidence provided in the suit could not have swayed reasonable people to the decision made by the jury. A new trial would…show more content… STAT. § 28A-18-2(b)(4)
The present monetary value of the decedent , including compensation for the loss of the reasonably expected:
• Services, protection or assistance of the decedent
• Companionship, comfort and guidance of the decedent o Courts determined that Turner was close with his parents, though TASER attempted to prove otherwise. This showed that damages were due to Fontenot for Turner’s wrongful death. o The court determined the worth of Turner’s life by breaking down the financial amount to between $4 and $8 million. Using a percentage discount equation, the courts deemed Turner’s worth at $6,156,503.65, though a settlement of $625,000 was received from the City of Charlotte. o The remittitur was granted and the new damages to be awarded by TASER was $5,491,503.65.
• TASER’s request for JNOV, a new trial or a remittitur was in part granted and denied. JNOV and a new trial were denied as there was insufficient evidence in TASER’s argument to overturn the jury’s decision, however the amount awarded to the plaintiff was found to be excessive as part of Rule 49(b) and the remittitur was approved to lessen the amount in damages awarded to Fontenot.
