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

California, United States of America


The following excerpt is from People v. Ennis, 10 Cal. Daily Op. Serv. 14, 943, 118 Cal.Rptr.3d 270, 190 Cal.App.4th 721 (Cal. App. 2011):

Consequently, "[c]onflicts and even testimony which is subject to justifiable suspicion do not justify the reversal of a judgment, for it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts upon which a determination depends. [Citation.]" ( People v. Huston, supra, 21 Cal.2d at p. 693, 134 P.2d 758.) "Testimony may be rejected only when it is inherently improbable or incredible, i.e., ' "unbelievable per se," ' physically impossible or ' "wholly unacceptable to reasonable minds." ' " ( Oldham v. Kizer (1991) 235 Cal.App.3d 1046, 1065, 1 Cal.Rptr.2d 195.)

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