What is the state of the law in the context of a civil case?

We do not and cannot satisfy our minds beyond a reasonable doubt as to what happened to the Cindy Fay. Such certainty is not sought in a civil trial, which deals only with probabilities. When a fact has been shown "to be more likely to be true than not," it has been proved for purposes of the trial. Anderson v. City of Bessemer City, 470 U.S. at 580, 105 S.Ct. at 1514. Agnosticism is inappropriate. The defendant cannot take refuge in the only other possibility offered that evidence has shown to be highly improbable.