In a motion for a new trial and judgment notwithstanding the verdict in a personal injury case, what is the effect of the punitive damage award on appeal?
California, United States of America
The following excerpt is from Liberty Transport, Inc. v. Harry W. Gorst Co., 229 Cal.App.3d 417, 280 Cal.Rptr. 159 (Cal. App. 1991):
7 Although raised in their motions for new trial and judgment notwithstanding the verdict, appellants do not raise the issue of the excessiveness of the punitive damage award on appeal. We may then treat the issue as abandoned. (Rossiter v. Benoit, supra, 88 Cal.App.3d at 711, 152 Cal.Rptr. 65.)
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