California, United States of America
The following excerpt is from Lawson v. Town & Country Shops, Inc., 159 Cal.App.2d 196, 323 P.2d 843 (Cal. App. 1958):
It is apparent that punitive damages could properly be allowed in this type of case; and 'The reviewing court's power to declare an award of damages excessive exists only when from the facts the amount appears at first blush to suggest passion or prejudice on the part of the jury. There is no distinction when the review is of an award of exemplary rather than actual damages. (Citing authorities.) These and other cases indicate that it is the province of the jury, and the trial court on the motion for a new trial, to say whether punitive damages should be awarded. The presumptions are in favor of the correctness of the verdict and judgment. After an award has been approved by the trial court the reviewing court will hesitate to declare the amount excessive unless upon consideration of the entire record including the evidence it must be said that the award was the result of passion or prejudice. (Citing cases.)' Finney v. Lockhart, 35 Cal.2d 161, 164, 217 P.2d 19, 21.
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