Kroger Co. v. Brown

In this negligence suit based upon a misfilled pharmacy prescription, The Kroger Co. appeals the portion of a judgment awarding appellee, Dan Brown, damages for past disfigurement. In its sole issue, Kroger contends the trial court erred by denying its motion for judgment notwithstanding the verdict ("JNOV") and/or partial motion to disregard because the evidence is legally insufficient to support the jurys finding that Brown sustained disfigurement. Because we agree with Krogers contention, we modify the trial courts judgment to reduce the award of actual damages from $32,440 to $19,440 and affirm the judgment as modified.