More a Question of Who than How Much...

Sandoval v. Qualcomm, Inc., No. D070431 (D4d1 Oct. 19, 2018)

This is an appeal and cross appeal of post-judgment motions in a multi-defendant personal injury case. The trial court denied a JNOV, but grated a new trial on the ground that the jury messed up comparative fault allocation. In granting the new trial, it relied on Code of Civil Procedure § 657(5), which permits a new trial based on excessive or inadequate damages.

The JNOV is as easy affirm. There was substantial evidence, enough to get to a jury, which is all a JNOV addresses. 

On the new trial, right result, wrong provision. While comparative fault deals with damages in a sense, § 657(5) is addressed to the overall damages award, not its allocation between defendants. Regardless, the code nonetheless permitted the trial court to grant a new trial on comparative fault under § 657(6), which addresses the insufficiency of the evidence to justify a verdict. And since there was substantial evidence to support the trial court's decision in its capacity as an independent evaluator of the facts, that would be upheld.

Affirmed.