What is the test for a factfinder's award of damages in a motor vehicle accident?

California, United States of America


The following excerpt is from Kramer v. Amcord Inc., A155821 (Cal. App. 2020):

Appellate review of a factfinder's award of damages is limited. [Citation.] In the absence of error in the admission of testimony supporting a claim of economic damages, . . . we will affirm the judgment if substantial evidence supports the damage award. [Citation.] 'Damages, even economic damages, are difficult to measure in personal injury cases. There may be disputed facts regarding the amount of medical expenses or lost wages, or disputed inferences about the probable course of events such as the length of incapacitation or whether a continuing disability will worsen, plateau, or improve.' [Citation.] 'Technical arguments about the meaning and effect of expert testimony on the issue of damages are best directed to the

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[factfinder].' " (Pannu v. Land Rover North America, Inc. (2011) 191 Cal.App.4th 1298, 1321-1322.)

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