Tramell

These cases arise out of the tragic crash of an American Airlines DC-10 near Chicago on May 25, 1979. The ensuing wrongful death cases were tried separately, but before the same judge during 1982. Defendants McDonnell Douglas and American Airlines did not contest and in effect admitted liability. The sole issue before each jury was damages. The “Tramell” jury returned a general verdict in the sum of $4,138,000. The trial judge granted defendants’ motion for a new trial upon the grounds of excessive damages, conditioned upon plaintiffs’ accepting a reduction of the verdict to $1,862,100. The heirs refused. The “Watson” jury returned a general verdict of $2.7 million. The trial judge granted defendants’ motion for a new trial upon the ground of excessive damages, conditioned upon plaintiffs’ accepting reduction of the verdict to $1.5 million. The Watson heirs likewise refused. The Watson and Tramell heirs appealed, and the defendants in both cases filed protective cross-appeals.

Because of the similarity and convergence of issues, these appeals and cross-appeals have been consolidated. Both deal with the propriety of the order granting a new trial, and whether the trial…