How does the court review a jury's determination of informed consent for substantial evidence?

California, United States of America


The following excerpt is from Brown v. Henderson, A143384 (Cal. App. 2016):

We review a jury's determination with respect to informed consent for substantial evidence. (Quintanilla v. Dunkelman (2005) 133 Cal.App.4th 95, 113.) " 'When considering a claim of insufficient evidence on appeal, we do not reweigh the evidence, but rather determine whether, after resolving all conflicts favorably to the prevailing party, and according the prevailing party the benefit of all reasonable inferences, there is substantial evidence to support the judgment.' [Citation.] In reviewing the evidence on appeal, all conflicts must be resolved in favor of the judgment, and all legitimate and reasonable inferences indulged in to uphold the judgment if possible. . . . When two or more inferences can be reasonably deduced from the facts, the reviewing court is without power to substitute its deductions for those of the trial court." (Id. at pp. 113-114.)

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