Does the Court have a responsibility to intervene in a punitive damage case?

California, United States of America


The following excerpt is from Las Palmas Associates v. Las Palmas Center Associates, 1 Cal.Rptr.2d 301, 235 Cal.App.3d 1220 (Cal. App. 1991):

Although the trial court's denial of a motion for new trial should be given deference, an appellate court has the responsibility to intervene when the verdict is so palpably excessive to raise the presumption of passion and prejudice. (Dumas v. Stocker (1989) 213 Cal.App.3d 1262, 1266, 262 Cal.Rptr. 311. Appellate courts must scrutinize punitive damage verdicts because they "constitute a windfall, create the anomaly of excessive compensation, and are therefore not favored in the law. [Citation.]" (Ibid., fn. omitted.)

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