What is the test for appealing against a special verdict in a personal injury case?
California, United States of America
The following excerpt is from C-1 Constr. v. Choi, B217012, No. BC370039 (Cal. App. 2010):
On appeal, defendants' challenges to the special verdict do not concern damages, and it is fundamental that we will not consider claims made for the first time on appeal which could have been but were not presented to the trial court. (Gonzalez v. County of Los Angeles (2004) 122 Cal.App.4th 1124, 1131.)
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