What is the test for setting aside a jury verdict in a motor vehicle accident case?

California, United States of America


The following excerpt is from Teferi v. Ethiopian Sports Fed'n in N. Am., B249880 (Cal. App. 2016):

A jury verdict will be set aside because of instructional error only if the appellant can demonstrate that "'the error was prejudicial (Code Civ. Proc., 475) and resulted in a "'miscarriage of justice.'"' [Citations.]" (Lundquist, supra, 7 Cal.4th at p. 1213.) A miscarriage of justice occurs if, based on the entire record, including the evidence, it is reasonably probable the jury would have reached a result more favorable to appellants absent the error. (Cassim v. Allstate Ins. Co. (2004) 33 Cal.4th 780, 800.)

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