What is the test for a jury to determine whether a plaintiff is injured in a motor vehicle accident?

California, United States of America


The following excerpt is from People v. BARNES, F059155, Super. Ct. No. F09904088 (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."' [Citations.]" (People v. Escobar (1992) 3 Cal.4th 740, 750.)

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