To the Editor:
I had the honor of occupying the Essex County chambers of Chief Justice William Stryker Gummere (1895-1933) until my retirement as a Superior Court judge in 2009. While his Essex chambers were the most magnificent in New Jersey, his decisions were not always sound. Early in his judicial career, when he was an associate justice, he rendered his most infamous decision, and it is very reminiscent of the recent case of He v. Miller, 207 N.J. 230 (2011). There, the Supreme Court upheld a reduction in a $1.71 million award to $800,000 by a Morris County judge. The remittitur was rejected and on the retrial, the jury awarded $1.23 million, 150 percent above the maximum verdict that the trial judge had thought would not be excessive ["Case That Spawned New Guidelines on Remittitur Retried to a $1.23M Verdict," N.J.L.J., Oct. 15, 2012].
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