Does a deficiency in the special verdict for disparate impact in a personal injury case affect the appellant's ability to obtain a new trial?

California, United States of America


The following excerpt is from Turman v. Turning Point of Cent. Cal., Inc., 111 Fair Empl.Prac.Cas. (BNA) 79, 119 Cal.Rptr.3d 166, 191 Cal.App.4th 53 (Cal. App. 2011):

*63 While appellant asserts she is entitled to a new trial because the special verdict was incomplete, she does not demonstrate how its alleged deficiencies caused her to sustain and suffer substantial injury, nor does she show " 'that a different result would have been probable if such error ... had not occurred or existed.' " ( Waller v. TJD, Inc., supra, 12 Cal.App.4th at p. 833, 16 Cal.Rptr.2d 38.) Appellant has not met her burden of demonstrating that a miscarriage of justice occurred based on deficiency in the special verdict for disparate impact.

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