In a personal injury action, can plaintiff appeal against a jury's verdict for insufficient evidence?

California, United States of America

The following excerpt is from Ybay v. Rsui Grp. Inc., B265265 (Cal. App. 2017):

In our role as the reviewing court, " ' "[w]e resolve neither credibility issues nor evidentiary conflicts; we look for substantial evidence. [Citation.]" [Citation.] A reversal for insufficient evidence "is unwarranted unless it appears 'that upon no hypothesis whatever is there sufficient substantial evidence to support' " the jury's verdict. [Citation.]' [Citation.]" (People v. Manibusan (2013) 58 Cal.4th 40, 87, final brackets added.) We therefore decline plaintiff's invitation to supplant the jury's verdict by crediting conflicting evidence favoring plaintiff.

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