What is the test for determining the quantum of damages awarded by a jury?

California, United States of America


The following excerpt is from Victoria v. Trendwest Resorts, Inc., A130971, A131468 (Cal. App. 2015):

"[T]he question as to the amount of damages is a question of fact. In the first instance, it is for the jury to fix the amount of damages, and, secondly, for the trial judge, on a motion for a new trial, to pass on the question of adequacy." (Wood v. Alves Service Transp. (1961) 191 Cal.App.2d 723, 733.) "Whether the contention is that the damages

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fixed by the jury are too high or too low, the determination of that question rests largely in the discretion of the trial judge. The appellate court has not seen or heard the witnesses, and has no power to pass upon their credibility." (Kraut v. Cornell (1959) 175 Cal.App.2d 528, 531-534.)

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