What is the test for determining the amount of damages awarded by a jury in a sexual assault case?

California, United States of America


The following excerpt is from Rojas v. Romero, F053995 (Cal. App. 1/28/2009), F053995 (Cal. App. 2009):

"The amount of damages is a fact question, committed first to the discretion of the jury and next to the discretion of the trial judge on a motion for new trial." (Westphal v. Wal-Mart Stores, Inc. (1998) 68 Cal.App.4th 1071, 1078.) "In assessing a claim that the jury's award of damages is excessive, we do not reassess the credibility of witnesses or reweigh the evidence. To the contrary, we consider the evidence in the light most favorable to the judgment, accepting every reasonable inference and resolving all conflicts in its favor." (Ibid.)

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