What is the test for exemplary damages in a motor vehicle accident?

California, United States of America


The following excerpt is from Ferraro v. Pacific Finance Corp., 3 Cal.App.3d 676, 83 Cal.Rptr. 905 (Cal. App. 1970):

The exemplary awards here were certainly substantial and they bore a large ratio to the compensatory damages allowed. But even though this court may feel that had it been the trier of fact, such awards, or their amount, would have been different, we are nevertheless bound by the rule that we may not disturb them unless they appear to have resulted from passion or prejudice. (See Gruner v. Barber, 207 Cal.App.2d 54, 58, 24 Cal.Rptr. 292.)

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