Procedure to evaluate award by judge following verdict.

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2A:53A-42 Procedure to evaluate award by judge following verdict.

9. A judge presiding over an action alleging medical malpractice, in which the jury has rendered a verdict in favor of the complaining party, shall, upon a motion by any party for additur or remittitur on the issue of the quantum of damages, consider the evidence in the light most favorable to the non-moving party and determine whether the award is clearly inadequate or excessive in view of the nature of the medical condition or injury that is the cause of action or because of passion or prejudice by the jury.

L.2004,c.17,s.9.


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