The verdict of any jury rendered in any action for the recovery of damages where the measure thereof is indeterminate or uncertain shall not be held to be excessive or be set aside as excessive, except for some erroneous instruction or, upon evidence, aside from the amount of the damages assessed, that it was rendered under the influence of passion or prejudice.
Ark. Code Ann. § 16-64-123
Excessiveness of damages generally
Applied in 3 court decisions — leading case Smith v. Hansen (1996)
Most recently applied in Brookewood, Ltd. P'ship v. Dequeen Physical Therapy & Occupational Therapy, Inc. (March 2018)
Acts 1901, No. 125, § 1, p. 196; C. & M
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.