What is the test for a jury to determine whether a plaintiff has suffered great bodily injury?
California, United States of America
The following excerpt is from People v. Alsobrook, B257235 (Cal. App. 2015):
"'"A fine line can divide an injury from being significant or substantial from an injury that does not quite meet the description."' [Citations.] Where to draw that line is for the jury to decide." (People v. Cross (2008) 45 Cal.4th 58, 64.)
Page 6
"'"If there is sufficient evidence to sustain the jury's finding of great bodily injury, we are bound to accept it, even though the circumstances might reasonably be reconciled with a contrary finding."' [Citation.]" (People v. Escobar (1992) 3 Cal.4th 740, 750; see also People v. Saez (2015) 237 Cal.App.4th 1177, 1189 ["'[D]etermining whether a victim has suffered physical harm amounting to great bodily injury is not a question of law for the court but a factual inquiry to be resolved by the jury.' [Citation.]"].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
