What is the test for determining damages in a motor vehicle accident?
California, United States of America
The following excerpt is from Macken v. Martinez, 214 Cal.App.2d 784, 29 Cal.Rptr. 867 (Cal. App. 1963):
As said in Smith v. Mendonsa (1952) 108 Cal.App.2d 540, 543, 238 P.2d 1039, 1040, 'The case comes within the rule stated in 25 C.J.S., Damages, 162, p. 815, that when it clearly appears that a party has suffered damage a liberal rule should be applied in allowing a court or jury to determine the amount, and that, given proof of damage, uncertainty as to the exact amount is no reason for denying all recovery.'
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