Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)

Citation: Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)
Parent Document: Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)
Jurisdiction: California (state)
Effective Date: 2019-02-28
Original Source: https://www.courtlistener.com/opinion/6240337/bevis-v-terrace-view-partners-lp/ ↗

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The Greer court concluded the defendant in that case forfeited his claim that the trial court erred in failing to direct the *823jury to segregate damages for medical expenses from lost earnings because defendant failed to request a special verdict requiring a separate entry for the plaintiff's past medical expenses. ( Greer, supra , 141 Cal.App.4th at pp. 1157-1158, 46 Cal.Rptr.3d 780.) The defendant wanted the award of medical expenses segregated and specified so that he could challenge a portion of that award. ( Id. at p. 1158, 46 Cal.Rptr.3d 780.) The Greer court stated the general rule that "[t]o preserve for appeal a challenge to separate components of a plaintiff's damage award, a defendant must request a special verdict form that segregates the elements of damages. [Citations.] The reason for this rule is simple. Without a special verdict separating the various damage components, 'we have no way of determining what portion-if any' of an award was attributable to a particular category of damages challenged on appeal." ( Ibid. )

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