This section contains the nature of the case and procedural background.

Firestone (P) was a 34-year-old woman, employed at IBM, and active socially. On July 17, 1981, she was involved in an accident. Balconies from the Hyatt Regency Kansas City Hotel fell on top of her. The accident left her a paraplegic. She lost 80 percent of her blood and required massive blood transfusions. She was attached to a mechanical breathing device and treated for scalp lacerations. She spent three months in a hospital, two and a half months in intensive care. She then spent four months in rehabilitation. Now, she requires 'round-the-clock' attendance, continuing therapy, and expensive specialized equipment. P sued Crown Center Redevelopment Corp. (D) for damages. P obtained a jury verdict of $15,000,000 in damages. The trial court entered an order granting D a new trial unless P filed a remittitur of $2,250,000 'because the verdict is against the weight of the evidence.' P filed the required remittitur, and the court entered judgment for P for $12,750,000. D appealed, requesting either a new trial or a reduction of damages to $7,500,000. P responded, requesting restoration of the $2,250,000 remittitur as a condition to the denial of a new trial to D. The Court of Appeals affirmed the trial court's judgment and transferred the case.

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