What is the test for overturning a judgment in a personal injury case?

California, United States of America


The following excerpt is from Valera v. Costco Wholesale Corp., B215631, No. BC361000 (Cal. App. 2010):

evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision." An appellate court may not disturb a judgment on the ground of inadequacy of damages unless the amount of the award is not supported by substantial evidence in the record and the verdict is a clear abuse of the jury's discretion. (Sherwood v. Rossini (1968) 264 Cal.App.2d 926, 931-932.)

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