Gardenia Parker, et al. v. Epstein Enterprises, LLC, et al.

This is an appeal from a jury trial. The defendants own and manage an apartment complex in Memphis, Tennessee. In 2010, two pit bull dogs left one of the apartments and attacked two individuals in a neighboring lot. One of the individuals died on the scene. The jury found the defendants were at fault and awarded a total jury verdict of $2.5 million. The trial judge granted the defendants’ motion for remittitur of the jury verdict and suggested remittitur of the award to $1.3 million. The plaintiff accepted the remittitur under protest. The defendants appeal, arguing that the trial court erred by denying their motion to amend their answers to assert comparative fault; denying their motion for a continuance; denying their motion for directed verdict; denying their motion for a mistrial due to comments made by plaintiff’s counsel during closing arguments; and denying their motion for new trial due to juror misconduct. In her posture as appellee, the plaintiff asserts that the trial court erred in suggesting remittitur of the jury verdict. For the following reasons, we affirm the decision of the circuit court and remand for further proceedings.