In order to avoid a retrial, should an additur or remittitur require mutual consent? Yes, said the court in Orientale v. Jennings, 239 N.J. 569 (2019).

After settling for defendant's $100,000 policy, plaintiff, pursuant to her $250,000 underinsured motorist provision, brought an action against Allstate. Following a damages-only trial, the jury returned a $200 verdict. Post trial, plaintiff's motion for an additur was granted, which brought the award to $47,500. Because Allstate accepted the additur, which was still less than defendant's policy, plaintiff was no-caused. Of course, because plaintiff had previously accepted the tortfeasor's $100,000 policy, this result would have been the same even if the additur brought the award to $100,000.