What is the proper test for a motion for judgment notwithstanding the verdict in a personal injury case?

California, United States of America


The following excerpt is from Montijo v. Western Greyhound Lines, 219 Cal.App.2d 342, 33 Cal.Rptr. 184 (Cal. App. 1963):

In reviewing the propriety of the order denying the [219 Cal.App.2d 349] defendant's motion for judgment notwithstanding the verdict, contrary to the approach taken in reviewing the propriety of the order granting its motion for a new trial, we must accept any substantial evidence, including inferences reasonably deducible therefrom, which supports the verdict; must view the evidence in the light most favorable to the plaintiff; must resolve all conflicts therein in her favor; and must accept those inferences which support the verdict and reject those opposed to it; and must affirm the order denying the motion if there is any substantial evidence supporting the verdict. (Brandenburg v. Pacific Gas & Elec. Co., 28 Cal.2d 282, 284, 169 P.2d 909.)

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