What is the test for inference in favour of plaintiff in a motor vehicle accident case?

California, United States of America


The following excerpt is from Guerra v. Workers' Comp. Appeals Bd., 201 Cal.Rptr.3d 623, 246 Cal.App.4th 1301 (Cal. App. 2016):

" It is not incumbent upon a plaintiff to show that an inference in his favor is the only one that may be reasonably drawn from the evidence; he need only show that the material fact to be proved may logically and reasonably be inferred from the circumstantial evidence. [Citations.] ... The mere fact that other inferences adverse to plaintiff might be drawn does not render the inference favorable to plaintiff too conjectural or speculative for consideration [by the jury]. [Citations.]" (Campbell v. General Motors Corp. (1982) 32 Cal.3d 112, 121, 184 Cal.Rptr. 891, 649 P.2d 224.)

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