What is the test for setting aside findings of fact by a jury in a motor vehicle accident case?

MultiRegion, United States of America

The following excerpt is from Sutherland v. Hudson Waterways Corp., 468 F.2d 628 (9th Cir. 1972):

Where, as in the present case, the evidence surrounding the cause of the accident is conflicting, due weight must be accorded to the trial court's appraisal of the credibility of witnesses. The findings of fact entered by the trial court should not be set aside unless clearly erroneous. Moreover, on appeal, this court must view the evidence in the light most favorable to the prevailing party, and such party must be given the benefit of all inferences that may reasonably be drawn from the evidence. Komie v. Buehler Corp., 449 F.2d 644 (9th Cir. 1971).

Other Questions


What is the impact of a motor vehicle accident on motor vehicle use in motor vehicle accidents? (MultiRegion, United States of America)
Can a jury find a defendant's failure to control his vehicle was a concurrent cause of accident in a motor vehicle accident? (MultiRegion, United States of America)
What are the findings of the trial judge's findings of fact and law in a motor vehicle accident case? (Canada (Federal), Canada)
What is the effect of a motor vehicle accident in which a motorcyclist was injured in a collision with another motor vehicle? (MultiRegion, United States of America)
Does a plaintiff have to prove that they were injured in a motor vehicle accident to recover damages under section 1125(a) of the Ontario Motor Vehicle Act? (MultiRegion, United States of America)
Can a motion to stop a motor vehicle accident be made before the trial of the motor vehicle owners? (Canada (Federal), Canada)
What is the evidence supporting the claim that a police officer in a motor vehicle accident was killed by a passing motor vehicle? (MultiRegion, United States of America)
In a motor vehicle case brought by Verre-Weissbach, who did not hold record title to the vehicle, is liable as the true owner of the vehicle? (MultiRegion, United States of America)
How have courts interpreted motor vehicle legislation in the context of the motor vehicle accident law? (MultiRegion, United States of America)
When a plaintiff is injured in a motor vehicle accident, can the motor vehicle exclusion clause prevent recovery? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.