What is the test for the Court of Appeal to overturn a jury verdict in a personal injury case?

California, United States of America


The following excerpt is from Carr v. Cinnamon Creek Apts. Inc., E051498, Super.Ct.No. SCVSS136381 (Cal. App. 2011):

appellate court has no power to interfere except when the facts before it suggest passion, prejudice or corruption upon the part of the jury, or where the uncontradicted evidence demonstrates that the award is insufficient as a matter of law. In determining whether there has been an abuse of discretion, the facts on the issue of damage most favorable to the respondent must be considered. [Citations.]" (Gersick v. Shilling (1950) 97 Cal.App.2d 641, 645.)

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