What is the test for a defendant to request a special verdict form that segregates the elements of damages?

California, United States of America


The following excerpt is from Moore v. Teed, 261 Cal.Rptr.3d 642, 48 Cal.App.5th 280 (Cal. App. 2020):

"To preserve for appeal a challenge to separate components of a plaintiffs damage award, a defendant must request a special verdict form that segregates the elements of damages. [Citations.] The reason for this rule is simple. Without a special verdict separating the various damage components, we have no way of determining what portionif any of an award was attributable to a particular category of damages challenged on appeal." ( Greer v. Buzgheia (2006) 141 Cal.App.4th 1150, 1158, 46 Cal.Rptr.3d 780.)

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