KENTON V. HYATT HOTELS CORP.
693 S.W.2d 83 (1985)
NATURE OF THE CASE: Hyatt (D) appealed an order that sustained a motion for a new trial
when Kenton (P) accepted a remittitur following a verdict in her favor for compensatory
damages for injuries sustained by the collapse of suspended skywalks in the hotel.
FACTS: P had completed two years of law school and obtained a jury verdict of $4,000,000
as compensatory damages for injuries sustained by the collapse of the suspended skywalks in
the D Hotel lobby, in Kansas City, Missouri, on July 17, 1981. P suffered a cervical
fracture which produced an initial paralysis of her body. In addition, Dr. Walter Menninger
stated that she was subjected to the most severe psychosocial stressor imaginable, Grade 7,
and the traumatic event and the crippling effects it produced caused a dramatic and profound
psychic trauma which is continuing in nature. Dr. Francisco Gomez, P's treating
psychiatrist, and Dr. Menninger classified her psychiatric injury as post-traumatic stress
disorder, chronic and severe. Dr. Menninger testified further that she exhibited symptoms
characteristic of a post-traumatic stress disorder: re-experiencing the trauma by either
recurrent recollections, recurrent dreams, or suddenly acting or feeling as if the event was
happening; and a numbing of responsiveness or reduced involvement with the external world
sometime afterward. The trial court concluded that the verdict was excessive and entered an
order sustaining a motion for a new trial unless P filed a remittitur of $250,000. On appeal
D asserted trial errors and requested reversal and remand for a new trial or alternatively
that the verdict be reduced by a remittitur of $2,000,000. P contends that the trial court
erred in ordering a remittitur of $250,000 and requests that the verdict be reinstated. The
Court of Appeals affirmed the judgment in all particulars but declined to restore the
remittitur ordered by the trial court and transferred the case to this court. D contends
that the trial court erred in refusing to grant a remittitur of $2,000,000.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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