Is there insufficient evidence to support the jury's finding that the Gate System's design was not a substantial factor in causing Samuel's injuries?

California, United States of America


The following excerpt is from Shirk v. Builders Fence Co., F066015 (Cal. App. 2014):

Samuel argues there was insufficient evidence to support the jury's findings that (1) the "Gate System's design" was not a substantial factor in causing Samuel's injuries, and (2) Builders did not "fail to adequately warn of the potential risks." On issues where Samuel had the burden of proof, we must affirm unless it would be impossible for any rational fact finder to reject his showing. (Blank v. Coffin (1942) 20 Cal.2d 457, 461-462 [126 P.2d 868] [jury's failure to find fact is erroneous only if "evidence contrary to the existence of the fact is clear, positive, uncontradicted, and of such a nature that it cannot rationally be disbelieved"]; Byrum v. Brand (1990) 219 Cal.App.3d 926, 946-947; Horn v. Oh (1983) 147 Cal.App.3d 1094, 1099.)

Other Questions


Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
In a motion to appeal against a jury's finding that there was no substantial evidence to support the jury's verdict, does the appellate court have any power to substitute the findings of the jury? (California, United States of America)
Is insufficient evidence sufficient to support a jury's finding that there was insufficient evidence? (California, United States of America)
What is the evidence supporting the finding that there is insufficient evidence to support the findings of the trial court? (California, United States of America)
What is the consequence of a jury finding that the evidence is insufficient to support a finding of probable cause of death? (California, United States of America)
What is the test for a jury to find a cause of action or theory supported by substantial evidence? (California, United States of America)
In what circumstances will a court overturn a jury's finding that negligence was not a substantial factor in causing injury? (California, United States of America)
What is the legal test for reversal of a finding that insufficient evidence supports a jury's finding that a gang was responsible for a sexual assault? (California, United States of America)
Is Defendant's argument that the evidence presented to the jury was insufficient sufficient to support the jury's findings? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.