Fairfield v. American Photography Equipment Co

In Fairfield v. American Photography Equipment Co. (1955) 138 Cal.App.2d 82, a judgment of nonsuit was granted on the plaintiff's action for unauthorized use of his name on the ground that there was no proof of damages. The appellate court reversed, stating: "it is error to grant a motion for judgment of nonsuit if the plaintiff is entitled to any relief." (Id. at p. 85.) The court explained, "In a case of this character there can be no direct evidence of the amount of damages sustained, nor the amount of money which will compensate for the injury. The measure of damages therefore is for the trier of fact, and in assessing such damages he is accorded a wide and elastic discretion. ." (Id. at p. 88.)