What is the standard of review in a personal injury case?

California, United States of America


The following excerpt is from People v. Thompson, 165 Cal.Rptr. 289, 27 Cal.3d 303, 611 P.2d 883 (Cal. 1980):

The majority acknowledges (ante, p. 299 of 165 Cal.Rptr., p. -- of -- P.2d) that our present review of the record must be made "in the light most favorable to the judgment below . . .." (People v. Johnson (1980) 26 Cal.3d 557, 578, 162 Cal.Rptr. 431, 444, 606 P.2d 738, 751, italics added.) Yet the majority, contrary to the foregoing rule, has proceeded to isolate only those portions of the record which would negate the special circumstances findings, disregarding entirely the contrary evidence which supports the jury's findings. Thus, while the majority enunciates the correct standard for review it refuses to apply it.

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