Can a jury set aside a jury's verdict in a motor vehicle accident case when the fact that defendant carries insurance influence the outcome of the trial?

California, United States of America


The following excerpt is from Causey v. Cornelius, 164 Cal.App.2d 269, 330 P.2d 468 (Cal. App. 1958):

Lahti v. McMenamin, 204 Cal. 415, 422, 268 P. 644, 646, 'But, when the fact that defendant carries insurance is properly brought to the knowledge of the jury, either by the evidence on the part of the defendant, or indirectly in connection with [164 Cal.App.2d 279] proof of some material fact in the case, we know of no rule of law that empowers any court to set aside the jury's verdict upon the assumption that such evidence might have influenced the jury in rendering a verdict which was excessive in amount. If the verdict of the jury is excessive, then it should be set aside by the court, no matter what may have prompted the jury in the rendition thereof. On the other hand, if the verdict is not excessive, as we have held to be the case in this action, then it should be sustained, notwithstanding the fact that there is evidence in the record which might have tended to influence the jury in allowing excessive damages.'

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