Winchell v. Schiff

I concur with the majority in all respects, except for one. I dissent from the majority’s conclusion that substantial evidence supports the jury’s award for Winchell’s loss of business.

A jury has broad latitude to determine the award of damages in tort cases; however, the jury’s award must be supported by substantial evidence.1 “Substantial evidence is ‘that which “a reasonable mind might accept as adequate to support a conclusion.” ’ ”2 Additionally, when damages are in issue, the party seeking damages has the burden to prove the amount sought,3 which does not need to be mathematically…