What is the test for reversal of a judgment in a personal injury case?

I reluctantly concur in reversal of the judgment, being compelled to do so by the slaggish remains of People v. McGee (1934) 1 Cal.2d 611, 36 P.2d 378, overruled on other grounds in Cowan v. Superior Court (1996) 14 Cal.4th 367, 374, 58 Cal.Rptr.2d 458, 926 P.2d 438. I cannot join, however, in the lead opinion's order directing the trial court to enter a judgment of acquittal as to all defendants.