Can a judge reverse a finding denying a new trial on the issue of compensatory damages?
California, United States of America
The following excerpt is from Sharp v. Kay, B212346, No. BC357320 (Cal. App. 2010):
As stated above, when the order is one denying a new trial, we undertake an independent review of the record to determine whether there was prejudicial error requiring a new trial. (Sherman v. Kinetic Concepts, Inc., supra, 67 Cal.App.4th at pp. 1160-1161.) Here, there was not. Accordingly, we have no basis for reversing the trial court's denial of a new trial on the issue of compensatory damages.
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