The following blog entry is written to illustrate a common motion filed during the post-trial stage of civil litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.)
THE VERDICT WAS AGAINST LAW
The ground for new trial that the verdict is against law, is separate and distinct from other grounds listed in Code of Civil Procedure section 657, and does not involve the weighing of the evidence. Rather, the jury’s verdict is against law if it is unsupported by the evidence. (See Sanchez-Corea v. Bank of America. (1985) 38 Cal.3d 892.)
In the case of Kruse v. Bank of America. (1988) 202 Cal.App.3d 38, at 51 and 52, the court stated that the test for substantial evidence is:
Substantial evidence, however, is not synonymous with any evidence. To constitute sufficient substantiality to support the verdict, the evidence must be “reasonable in nature, credible and of solid value.” It must actually be “substantial” proof of the essentials which the law requires in a particular case. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Here, there is no reasonable or credible evidence to deny that this plaintiff was in fact injured as a result of this accident and that such injuries required medical care and treatment all to the economic and non-economic damage of the plaintiff.
While counsel for the defendant will more likely than not argue that there was substantial evidence not to find for the plaintiff on the issue of her neck injury, which is disputed by this plaintiff, such argument does not negate the fact that this plaintiff did in fact suffer a demonstrable injury which is recorded in Exhibits 179 and 180. (See Part 8 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.