California, United States of America
The following excerpt is from Hatch v. Lewis, 274 Cal.App.2d 150, 78 Cal.Rptr. 794 (Cal. App. 1969):
A core question is whether it can reasonably be said that 'the liability issue has been determined by the jury' (Hamasaki v. Flotho, supra, at pp. 606--607, 248 P.2d at p. 912). If so, the limited new trial may be granted. Otherwise, the limitation is error. Of course, failure of the jury to allow the full amount of undisputed special damages 'is usually convincing evidence that the jury failed to make a decision of the liability issue,' but 'gross inadequacy of unliquidated general damages may be just as convincing' (Id.).
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