In a wrongful death action, is the administratrix entitled to a reversal of the award of damages?
MultiRegion, United States of America
The following excerpt is from Vesey v. U.S., 626 F.2d 627 (9th Cir. 1980):
The administratrix first contends the trial judge erroneously computed the earning capacity of the deceased. Indeed, relying upon Smith v. Circle Inn, 73 Cal.App.3d 86, 94; 140 Cal.Rptr. 566, 571 (1971), she suggests that the award of damages is so inadequate as to demand reversal. Whatever may be the rule in California, we are required to apply the "clearly erroneous" federal standard:
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