Jesse R. Miltier v. Bank of America, N.A.

This is a tort action for wrongful foreclosure. Suit was filed by Jesse R. Miltier against his lender, Bank of America, N.A. (“BOA”). In his complaint, Miltier demanded $200,000 in compensatory damages and $10,000,000 in punitive damages. The jury awarded Miltier $750,000 compensatory damages itemized on the verdict form as $350,000 out of pocket money losses “related solely to foreclosure,” $100,000 out of pocket losses “related solely to lawsuit,”  $150,000 emotional distress “related solely to foreclosure” and $150,000 emotional distress “related solely to lawsuit.” The jury also awarded Miltier $300,000 in punitive damages. BOA filed post-judgment motions asking that the compensatory damages be remitted to eliminate “amounts related solely to the lawsuit” and amounts awarded in excess of the $200,000 demanded in the complaint. Miltier responded asserting that the issue of damages over  $200,000 was tried by consent. The trial court entered an order reducing the award of compensatory damages to $200,000. Later, the court entered a final order approving the jury’s award of punitive damages in the amount of $300,000. Miltier appeals challenging the reduction of the verdict. His issues include a challenge to the constitutionality of Tenn. R. Civ. P. 15.02 which forbids amendment of pleadings after verdict to increase the ad damnum clause. The Attorney General has appeared on appeal to defend the constitutionality of Rule 15.02. We affirm.