What is the test for a plaintiff to challenge a finding of liability in a motor vehicle accident?

California, United States of America


The following excerpt is from Hammer v. Strategic Capital Holdings, LLC, G055369, G055430 (Cal. App. 2019):

We begin with the standard of review, which plays a particularly important role in this case. We review the sufficiency of the evidence under the familiar substantial evidence standard of review. This, of course, requires us to resolve any conflicts in the evidence, and all reasonable inferences from the evidence, in favor of the judgment. Where a plaintiff raises such a challenge, the plaintiff must show that the evidence, viewed in the light most favorable toward the judgment, compels a finding of liability as a matter of law. (Le v. Pham (2010) 180 Cal.App.4th 1201, 1205-1206.) In other words, it is not enough to simply point out that there was evidence to support each element of plaintiffs' claim. The evidence must be overwhelming.

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