What is the test for a jury to accept a plaintiff's testimony that she sustained a fractured pelvis as a result of a motor vehicle accident?
California, United States of America
The following excerpt is from Shannon Fields v. Plambek, 2d Civil No. B200634 (Cal. App. 4/17/2008), 2d Civil No. B200634 (Cal. App. 2008):
We recognize that Shannon complained of numerous painful symptoms allegedly caused by injuries resulting from the collision. But the jury "was not bound to accept her testimony." (Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 74.) The jury could have reasonably concluded that she had fabricated or exaggerated her symptoms.
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