4620 Expert testimony that some of plaintiff's alleged injuries could not have resulted from the subject accident, coupled with evidence that she did not even complain about them until several months later and that some of her other injuries occurred ten months earlier in a different accident, was sufficient to justify a jury's award, even though it amounted to only ten percent of plaintiff's alleged medical bills; a plaintiff is never entitled to punitive damages as of right, and even though they might be justified in a given case, a jury has the exclusive prerogative to decline awarding them.CitationSUMPTER v MATTESON (Stoned Driver) 158 CA4 928 [See: CivC 3294; Brewer v Second Baptist Church 32 C2 791]
|
|