California, United States of America
The following excerpt is from Mandujano v. Johnston, D076422 (Cal. App. 2020):
see Khan v. Southern Pac. Co. (1955) 132 Cal.App.2d 410, 416 (Khan) [recognizing the legal principle that it is "generally a question for the jury to determine from the evidence whether or not the claimed prospective detriment is reasonably certain to occur"].)
"The power of an appellate court to review the trier of fact's determination of damages is severely circumscribed. An appellate court may interfere with that determination only where the sum awarded is so disproportionate to the evidence as to suggest that the verdict was the result of passion, prejudice or corruption [citations,] or where the award is so out of proportion to the evidence that it shocks the conscience of the appellate court." (Uva v. Evans (1978) 83 Cal.App.3d 356, 363-364 (Uva).)
2. Analysis
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