What is the test for a jury to award excessive damages in a motor vehicle accident?

California, United States of America


The following excerpt is from Rosh v. Cave Imaging Systems, Inc., 26 Cal.App.4th 1225, 32 Cal.Rptr.2d 136 (Cal. App. 1994):

Defendant suggests, however, that this court follow cases involving excessive damage awards. In those cases, the amount of damages awarded to the plaintiff is also a question to be resolved by the trier of fact. (Fortman v. Hemco, Inc. (1989) 211 Cal.App.3d 241, 259, 259 Cal.Rptr. 311.) A reviewing court will overturn a damage award only where "the verdict is so large that, at first blush, it shocks the conscience and suggests passion, prejudice or corruption on the part of the jury." (Fagerquist v. Western

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