A recent personal injury trial in Park City resulted in a $640,000+ verdict for the plaintiff. Robert Pilot v. Earl Hill, #140500187 (Hon. Kara Petit, Silver Summit). See my blog entry for June 12th.
Unfortunately for the plaintiff, the case was pleaded as a Tier 2 claim– damages under $300,000, per Rule 26(c)(3). Rule 8(a) says that any damages in excess of the tier cap are waived, unless the pleading is amended under Rule 15. So can’t the plaintiff now go back and amend the complaint to conform to the evidence at trial; that is, to get the awarded damages above $300,000?
