What is the test for a jury to determine whether a plaintiff has suffered great bodily injury?

California, United States of America


The following excerpt is from People v. DELGADO, B220174, Los Angeles County Super. Ct. No. BA337662, Los Angeles County Super. Ct. No. BA348502 (Cal. App. 2011):

"'It is well settled that the determination of great bodily injury is essentially a question of fact, not of law. "'Whether the harm resulting to the victim . . . constitutes great bodily injury is a question of fact for the jury. [Citation.] If there is sufficient evidence to sustain the jury's finding of great bodily injury, we are bound to accept it, even though the circumstances might reasonably be reconciled with a contrary finding.'"' [Citation.]" (People v. Mendias (1993) 17 Cal.App.4th 195, 205.)

The term great bodily injury has long been accepted as commonly understandable to jurors. It is not a technical term requiring further elaboration. (People v. La Fargue (1983) 147 Cal.App.3d 878, 886-887.) "It is well settled that the determination of great bodily injury is essentially a question of fact, not of law. "'"Whether the harm resulting

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to the victim . . . constitutes great bodily injury is a question of fact for the jury. [Citation.] If there is sufficient evidence to sustain the jury's finding of great bodily injury, we are bound to accept it, even though the circumstances might reasonably be reconciled with a contrary finding."' [Citations.]" (People v. Escobar (1992) 3 Cal.4th 740, 750, fn. omitted.)

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