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Civil Procedure Keyed to Friedenthal
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Bail v. Cunningham Brothers, Inc
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Bail, Plaintiff, sued Cunningham Brothers, Inc., Defendant for damages not to exceed $100,000. On the day of trial, Plaintiff moved to amend the ad damnum clause to request $250,000, which the trial court denied. The jury returned a verdict for $150,000, which was offset by a payment received from a previous defendant, to yield $135,000. Plaintiff moved to amend the ad damnum clause to request $150,000, which the trial court permitted. Defendant appealed, arguing the verdict should be remitted to $85,000.
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