How does the Court of Appeal review a jury's award of damages in a motor vehicle accident case?

California, United States of America


The following excerpt is from Belkin v. Quinet, H032543 (Cal. App. 12/15/2008), H032543 (Cal. App. 2008):

An appellate court has limited power to review the jury's award of damages. (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361.) "The common law in its wisdom has left these inherently subjective decisions regarding damages with the jury as the trier of fact to apply its collective experience, common sense, and diverse backgrounds. As a further safeguard, the trial judge has considerable discretion to review excessive or inadequate damage awards in connection with a motion for new trial."

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