In a personal injury case, is a plaintiff entitled to damages from the other plaintiff?

California, United States of America


The following excerpt is from Ballard v. Uribe, 224 Cal.Rptr. 664, 41 Cal.3d 564, 715 P.2d 624 (Cal. 1986):

Several other jurors stated during the deliberations in Smith v. Covell that the husband should not be awarded damages on his cause of action for loss [41 Cal.3d 592] of consortium since he was obligated by his marriage vow to stay with his wife. These same jurors had agreed on voir dire to follow the law that the court gave them without hesitation. (Smith v. Covell, supra, 100 Cal.App.3d at p. 954, 161 Cal.Rptr. 377.) Finally, yet another juror stated during deliberations that he opposed people suing one another and that awarding high verdicts in personal injury suits caused high insurance rates. (Id., at p. 955, 161 Cal.Rptr. 377.)

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