What is the duty of the appellate court to set aside the verdict of the trial court?

California, United States of America

The following excerpt is from Smith v. Covell, 100 Cal.App.3d 947, 161 Cal.Rptr. 377 (Cal. App. 1980):

"The duty of the appellate court to set aside the verdict of the trial court is the same where damage is proven as a proximate result of defendant's negligence, the exact amount of plaintiff's special damages are awarded, and no award is made for the detriment suffered through pain, suffering, inconvenience, shock, or mental suffering. In such situation we hold an award limited strictly to the special damages is inadequate as a matter of law." (Gallentine v. Richardson, 248 Cal.App.2d 152, 155, 56 Cal.Rptr. 237, 239.)

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