What is the test for a motion to grant a new trial on the grounds of excessive damages?
California, United States of America
The following excerpt is from McFetters v. Amplicon, 98 Cal.Rptr.2d 63 (Cal. App. 2000):
McFetters relies upon Bigboy v. County of San Diego (1984) 154 Cal.App.3d 397 for the proposition that an order granting a new trial on the ground of excessive damages must articulate "reasons for concluding that the jury was misled or prejudiced such that the jury should have reached a different decision."
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