What is the test for a motion for a nonsuit in a motor vehicle accident?

California, United States of America


The following excerpt is from Du Zeff's Hollywood, Inc. v. Wald, 235 Cal.App.2d 678, 45 Cal.Rptr. 584 (Cal. App. 1965):

In Lasry v. Lederman, 147 Cal.App.2d 480, 489, 305 P.2d 663, 668, this court said: 'If there is a reason for the rule which deprives the judge of the power to grant a nonsuit when he is convinced that the evidence of plaintiff is so unsatisfactory and unreliable as to make it his duty to render a judgment for defendant, other than the fact that it is the prevailing rule, 89 C.J.S., Trial, 595, p. 396, it has escaped our attention. It is not necessarily the better rule.'

Again in 1960 in the case of White v. Shultis, 177 Cal.App.2d 641, 647, 2 Cal.Rptr. 414, 418, this court said: 'In the past we have had occasion to comment upon the anomalous situation which results from applying to a judgment of nonsuit in a nonjury case the same rules that are applied in jury cases. Lasry v. Lederman, 147 Cal.App.2d 480, 305 P.2d 663. Here defendant had testified fully as to the circumstances of the accident. If, instead of moving for a nonsuit, she had submitted her case without evidence other than that furnished by her own testimony, the judgment, of course, would have been in her favor. Although she prevailed on her motion for nonsuit, it was a hollow victory. Under applicable rules we are obliged to reverse the judgment of nonsuit even though the trial court was convinced by the testimony of the parties that plaintiff was negligent and defendant was not.'

Other Questions


What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act? (California, United States of America)
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
What is the appropriate penalty for a motorcyclist who was involved in a collision with another motor vehicle in a motor vehicle accident? (California, United States of America)
Is an employer's claim for reimbursement under section 3852 of the California Motor Vehicle Accident and Accident Compensation Act limited to recovery for damages proximately caused by the accident? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
What is the test for a motion of nonsuit in a motor vehicle accident? (California, United States of America)
Does a "driver" for purposes of Vehicle Code section 20002 include an owner of a vehicle involved in a accident when the owner is also a passenger in the vehicle at the time of the accident? (California, United States of America)
How have courts treated allegations of motor vehicle theft in the context of a motor vehicle accident? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.