FILED
NOT FOR PUBLICATION NOV 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BRENDA K. BEAL, No. 09-55135
Plaintiff - Appellant, D.C. No. 2:05-cv-01278-AHM-
AJW
v.
UNITED STATES OF AMERICA, MEMORANDUM *
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
A. Howard Matz, District Judge, Presiding
Submitted November 16, 2010 **
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Brenda K. Beal appeals pro se from the district court’s judgment awarding
her damages on her claim under the Federal Tort Claims Act (“FTCA”). We have
jurisdiction pursuant to 28 U.S.C. § 1291. We review for clear error the district
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
court’s damages determination. Shaw v. United States, 741 F.2d 1202, 1205 (9th
Cir. 1984). We affirm.
The district court did not clearly err in its calculation of damages because its
award of $35,000 was not so disproportionate to the evidence as to shock the
conscience. See Yako v. United States, 891 F.2d 738, 745 (9th Cir. 1989) (looking
to relevant state’s case law in reviewing an award of damages); Johnson v.
Stanhiser, 72 Cal. App. 4th 357, 361 (1999) (appellate court may interfere with
trier of fact’s damages determination “only where the sum awarded is so
disproportionate to the evidence as to suggest that the verdict was the result of
passion, prejudice, or corruption, or where the award is so out of proportion to the
evidence that it shocks the conscience”).
Beal’s remaining contentions are unpersuasive.
AFFIRMED.
2 09-55135