Bacon v. Federal Kemper Life Assurance Co.

(dissenting, with whom Liacos, J., joins). The court today departs from its test “whether ‘anywhere in the evidence, from whatever source derived, any combination of circumstances could be found from which a reasonable inference could be drawn in favor of the plaintiff. ’ ” Poirier v. Plymouth, 374 Mass. 206, 212 (1978), quoting Raunela v. Hertz Corp., 361 Mass. 341, 343 (1972). Because the court departs from its test, I dissent.

I agree with the court that the clerk’s1 comparison of signatures is some evidence that Kemper was not negligent in processing the change of beneficiary form. There…