What is the test for a motion to appeal a jury's award of damages in a motor vehicle accident case?

California, United States of America


The following excerpt is from Federici v. Ids Prop. Cas. Ins. Co., B262009 (Cal. App. 2016):

include only damages caused by IDS. A reviewing court presumes the jury followed the trial court's instructions and that its verdict reflects the legal limitations imposed by those instructions. (Cassim v. Allstate Ins. Co. (2004) 33 Cal.4th 780, 803-804.) The record discloses no instructional error.

IDS contends the evidence is insufficient to support the jury's award of damages. An appellate court reviews a jury's award of damages under the substantial evidence standard and defers to the trial court's denial of a new trial motion based on excessive damages. (Mendoza v. City of West Covina (2012) 206 Cal.App.4th 702, 720-721.) A reviewing court "will interfere only when the award is so disproportionate to the injuries suffered that it shocks the conscience and virtually compels the conclusion the award was based on passion or prejudice. [Citation.]" (Ibid.)

Other Questions


What is the test for a motion to appeal damages awarded by a jury in a motor vehicle accident case? (California, United States of America)
What is the test for a motion for a new trial on the ground that damages awarded by a jury in a motor vehicle accident case are inadequate? (California, United States of America)
How does the Court of Appeal review a jury's award of damages in a motor vehicle accident case? (California, United States of America)
What is the test for a jury to award damages for general damages in a motor vehicle accident? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
What is the evidence that the jury was entitled to consider in awarding damages to plaintiffs in a motor vehicle accident case? (California, United States of America)
What is the quantum of damages awarded by a jury in a motor vehicle accident case? (California, United States of America)
Is an employer's claim for reimbursement under section 3852 of the California Motor Vehicle Accident and Accident Compensation Act limited to recovery for damages proximately caused by the accident? (California, United States of America)
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.