An excessive verdict is a verdict that shocks the conscience of the court because it appears to stem from factors extraneous the judicial proceedings. For instance, the jury may have been prejudiced against the defendant or overly swayed by emotionally draining evidence. Most verdicts are deemed excessive because the money damages awarded far exceed the compensation given in similar cases; the typical result is a judge-ordered decrease of the award.
Examples:
Scenario 1:
A is in a car accident with B and as a result suffers from chronic back pain. A decides to pursue a suit against B and includes testimony and evidence about the cost and pain associated with their chronic back pain. Generally, plaintiffs in similar cases receive $1000 for this situation (the amounts are made up for the purposes of the example). The jury here awards A $1200. This is not an excessive verdict despite being over the “general amount.” The general amount is not a hard limit.
Scenario 2:
A is in a car accident with B and as a result suffers from chronic back pain. A decides to pursue a suit against B and includes testimony and evidence about the cost and pain associated with their chronic back pain. Generally, plaintiffs in similar cases receive $1000 for this situation (the amounts are made up for the purposes of the example). The jury here awards A $50,000. This would be an excessive verdict.
See e.g., Rannard v. Harris, 113 Cal. App. 15, 297 P. 623 (Cal. Ct. App. 1931)
See also e.g., Dagnello v. Long Island Rail Road Company, 289 F.2d 797 (2d Cir. 1961)
[Last updated in May of 2023 by the Wex Definitions Team]