What is the test for setting aside a jury's award of damages in a personal injury case?

MultiRegion, United States of America

The following excerpt is from Leevson v. Aqualife USA Inc., No. 17-3565 (L), No. 17-3868 (XAP) (2nd Cir. 2019):

The "calculation of damages is the province of the jury." Zeno v. Pine Plains Cent. Sch. Dist., 702 F.3d 655, 671 (2d Cir. 2012). Thus, "we may set aside a jury's award only if it is so high as to shock the judicial conscience and constitute a denial of justice." Id. In reviewing such a damages award, "[w]e accord considerable deference to the factual findings of both judge and jury." Id. (alteration in original).

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