Legal Opinion

Bray v. Rosen

California Court of Appeal

Decided February 6, 1959No. Civ. 5965PublishedCited by 13 opinions

1Opinion of the CourtShepard, J.

This is an appeal by defendant from an order granting a new trial on the subject of damages alone. Plaintiff Retha Bray claimed whiplash injuries resultant from defendant’s ear striking the rear of the car in which she was riding. Defendant admitted liability but contested the amount of damages. A jury awarded damages in the amount of $5,000 to plaintiff against defendant. Plaintiff moved for a new trial on damages alone.

The notice of intention to move for a new trial gives as the grounds upon which said motion will be based:

“1. Misconduct of the jury.
“2. Inadequate damages, appearing to have…

2Cases cited14 opinions

  1. Malloy v. FongCalifornia Supreme Court · 1951
  2. Nunneley v. Edgar HotelCalifornia Supreme Court · 1950
  3. Owsley v. HamnerCalifornia Supreme Court · 1951
  4. Peri v. CulleyCalifornia Court of Appeal · 1931
  5. Renfer v. SkaggsCalifornia Court of Appeal · 1950

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Kralyevich v. MagriniCalifornia Court of Appeal · 1959
  2. Musgrove v. Ambrose PropertiesCalifornia Court of Appeal · 1978
  3. Tagney v. HoyCalifornia Court of Appeal · 1968
  4. Thompson v. Guyer-HaysCalifornia Court of Appeal · 1962
  5. Opp v. SykesCalifornia Court of Appeal · 1961

8 more not listed; retrieve them via the Exa API.

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