Bender v. Burlington-Northern Railroad ( 1983 )

HOGAN, Judge,

concurring.

With great deference to my colleagues, I concur specially only to indicate I believe the court should not foreclose itself in all conceivable circumstances by saying the amount of this verdict is at the upper limit of reasonableness. In so doing, I do not mean to disown or deny this court’s power to order a remittitur when the verdict seems to be aberrant or is so grossly excessive as to indicate bias and prejudice of some order on the part of the jury. I merely say one can easily conceive circumstances in which the loss of an eye might cause injuries justifying a greater award.