After several weeks of trial, a jury returned a verdict in favor of Plaintiff, Kristin Harris, awarding (i) $250,000 for past medical expenses; (ii) $50,000 for past non-economic loss; (iii) $30,000 for future medical expenses; and (iv) $25,000 for future non-economic loss. The court has entered judgment on the verdict.
Plaintiff now moves for a new trial pursuant to Code of Civil Procedure §657(5) on the grounds that the awards for past non-economic damages, future medical expenses, and future non-economic loss are inadequate given the weight of the evidence presented; or an additur pursuant to Code of Civil Procedure §662.5, subdivision (a)(1) on the ground of inadequate damages. Defendants, Victor Oliva and Simi Valley Ford, oppose both requests.
Pursuant to Code of Civil Procedure 657(5), a new trial may be granted based on "[e]xcessive or inadequate damages." Section 657 further provides that a motion for new trial on this ground should only be granted when "after weighing the evi
Hearing Date
February 06, 2017
Category
Civil - Unlimited
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After several weeks of trial, a jury returned a verdict in favor of Plaintiff, Kristin Harris, awarding (i) $250,000 for past medical expenses; (ii) $50,000 for past non-economic loss; (iii) $30,000 for future medical expenses; and (iv) $25,000 for future non-economic loss. The court has entered judgment on the verdict.
Plaintiff now moves for a new trial pursuant to Code of Civil Procedure §657(5) on the grounds that the awards for past non-economic damages, future medical expenses, and future non-economic loss are inadequate given the weight of the evidence presented; or an additur pursuant to Code of Civil Procedure §662.5, subdivision (a)(1) on the ground of inadequate damages. Defendants, Victor Oliva and Simi Valley Ford, oppose both requests.
Pursuant to Code of Civil Procedure 657(5), a new trial may be granted based on "[e]xcessive or inadequate damages." Section 657 further provides that a motion for new trial on this ground should only be granted when "after weighing the evi