Is a jury's finding of negligence tantamount to a general verdict?

California, United States of America


The following excerpt is from Martini v. Bel Azure Homeowners Ass'n, D071846 (Cal. App. 2018):

" ' "Where, as here, there is no special finding on what negligence is found by the jury, the jury's finding is tantamount to a general verdict." ' " (Toste v. Calportland Construction, supra, 245 Cal.App.4th at p. 368; David v. Hernandez, supra, 226 Cal.App.4th at pp. 585-586.) A general verdict " ' "imports findings in favor of the prevailing party on all material issues; and if the evidence supports implied findings on any set of issues which will sustain the verdict, it will be assumed that the jury so found.

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The court on appeal does not have to speculate on what particular ground the jury may have found in favor of the prevailing party." ' " (Wilson v. County of Orange (2009) 169 Cal.App.4th 1185, 1193.)

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