What is the test for overturning a jury verdict in a personal injury case?

MultiRegion, United States of America

The following excerpt is from Oyarzo v. Tuolumne Fire Dist., Case No. 1:11-cv-01271-SAB (E.D. Cal. 2014):

Products, Inc., 212 F.3d 493, 510 n.15 (9th Cir. 2000) (quoting Ace v. Aetna Life Ins. Co., 139 F.3d 1241, 1248 (9th Cir. 1998) (The trial court may only grant a new trial where "the verdict is contrary to the clear weight of the evidence, is based upon false or perjurious evidence, or to prevent a miscarriage of justice.").

The district court judge has the right and duty to weigh the evidence as he saw it and, even where supported by substantial evidence, set aside the jury verdict, if in his conscientious opinion, the verdict is contrary to the clear weight of the evidence or, in the sound discretion of the judge, to prevent a miscarriage of justice. Murphy v. City of Long Beach, 94 F.2d 183, 187 (9th Cir. 1990.) The trial court abuses its discretion by ordering a new trial if the jury's verdict is not clearly against the weight of the evidence. Kode, 596 F.3d at 613. However, "even if substantial evidence supports the jury's verdict, a trial court may grant a new trial if the verdict is contrary to the clear weight of the evidence." Id.

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