Personal Injury Law

City Tries To Overturn A Jury Verdict In Favor Of Brain-Damaged Sacramento Accident Victim, Part 8 of 9

By Moseley Collins, Esq.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.)

Defendant's Analogy Can Be Readily Distinguished From This Brain Injury Case

Defendant provides an example by way of reference to In re Marriage of Hewitson and In re Marriage of Rives as support for the proposition that Plaintiffs experts' testimony does not constitute substantial evidence. (Def. Mot., citing Hewitson (1983) 142 Cal.App.3d 874; citing Rives (1982) 130 Cal.App.3d 138)).

Defendant cites these two cases, which are a family law cases stemming from dissolution of marriage, for the proposition that an expert's testimony based on "improper" or "unwarranted" matters means the opinion is not supported by substantial evidence. Defendant fails to identify the Hewitson or Rives Court's reasoning for such a proposition.

In Hewitson, similarly to Rives, the court concluded that the trial court's determination of the value of a particular asset [closely held corporation] is a factual one and, if there is substantial evidence to support it in the record, the determination must be upheld on appeal. Hewitson, 142 Cal.App.3d at 885. The court continued its explanation by stating that if such determination is based solely or in large part on the opinion of an expert, the determination will not be upheld on appeal, unless the opinion satisfies the standard of admissibility set forth in Evidence Code section 801. Id. (citing In re Marriage of Rives (1982) 130 Cal.App.3d 138, 149-151; cf.. Solis v. Southern Cal. Rapid Transit Dist. (1980) 105 Cal.App.3d 382, 389-390).

Full post as published by Sacramento Injury Lawyer Blog on January 21, 2010 (boomark / email).