Personal Injury Law

Sacramento Motorcyclist Prevails At Trial After Accident, Part 5 of 5

By Moseley Collins, Esq.

The following blog entry is part of the plaintiff?s response to the defendant?s new trial motion, which was posted earlier this month.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident/personal injury case and its proceedings.)

LAW AND ARGUMENT
In considering a motion for new trial which is based on the ground of excessive damages, the trial court is restricted to the evidence presented at trial. Stevens v. Owens-Corning Fiberglass Corp. (App. 1 Dist. 1996) 57 Cal.Rptr.2d 525, 49 Cal.App.4th 1645. Trial court must weight and consider all evidence in record, including reasonable inferences to be drawn therefrom, before granting new trial on ground of excessive or inadequate damages and if new trial is granted, it must be based upon totality of evidence, not upon any particular portion of record which can be readily pointed out. Collins v. Lucky Markets, Inc. (App. 4 Dist. 1969) 79 Cal.Rptr. 454, 274 Cal.App.2d 645. A court may not set aside verdict and grant new trial merely because judge does not agree with amount of damages. Phillips v. Lyon (App. 1930) 109 Cal.App. 264, 292 P. 711.

The assessment of damages is primarily the province of jury and secondarily the province of trial court when passing upon a motion for new trial. Gersick v. Shilling (1950) 218 P.2d 583, 97 Cal.App.2d 641; Music v. Southern Pac. Co. (1949) 204 P.2d 422, 91 Cal.App.2d 93. Trial courts may not grant new trial merely because verdict seems large or because it is larger than court sitting as jury would have given, but only when it appears that verdict was given under influence of passion or prejudice. Casaretto v. DeLucchi (1946) 174 P.2d 328, 76 Cal.App.2d 800; Kent v. Los Angeles Ry. Corp. (1939) 84 P.2d 1057, 29 Cal.App.2d 435; Los Angeles County Flood Control Dist. v. Abbot (1938) 76 P.2d 188, 24 Cal.App.2d 728; Bonner v. Los Angeles Examiner (1936) 62 P.2d 427, 17 Cal.App.2d 458; Hellman v. Los Angeles Ry. Corp. (1934) 27 P.2d 946, 135 Cal.App. 627, rehearing denied 28 P.2d 384, 135 Cal.App. 627.

In actions sounding in damages, where the law furnishes no rule of measurement, save the discretion of the jury upon the evidence before them, courts will not disturb a verdict upon the ground of excessive damages, unless it is so flagrantly improper as to evince passion, prejudice, partiality, corruption, or misapprehension. Wheaton v. North Beach & M.R. Co. (1869) 36 Cal. 590; Boyce v. California Stage Co. (1864) 25 Cal. 460; Aldrich v. Palmer (1864) 24 Cal. 513.

Full post as published by Sacramento Injury Lawyer Blog on November 30, 2009 (boomark / email).