Mamula v. Ford Motor Company

Dissenting Opinion

Sullivan, P. J.

I concede that the “any evidence” rule espoused by the majority is much more easily applied at the trial level with reference to directed verdicts in that the quantum required to meet the test is easily measured, and although the rigidity of that rule points up the ethereal subjectivity of a “substantial evidence” test, which can vary unpredictably from judge to judge, I nevertheless feel that a trial judge should and must direct a verdict if, as a matter of law, the evidence then of record would not support a contrary verdict.

Evidence sufficient to submit a…