After the defendant proved that he was not even at the scene of the accident, he successfully moved for dismissal of the suit on the grounds that plaintiff did not have a scintilla of evidence proving that the defendant ran over the plaintiff and caused her injuries.
scintilla
A hint or a spark. In common law, if there is even a trace of evidence on an issue, then the issue must be decided on the merits, and a motion for summary judgment or a directed verdict cannot succeed.
Definition from Nolo’s Plain-English Law Dictionary
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:24 pm
“The Wagner Act provided: ‘The findings of the Board as to the facts, if supported by evidence, shall be conclusive.’ Act of July 5, 1935, § 10(e), 49 Stat. 449, 454, 29 U.S.C. § 160(e). This Court read ‘evidence’ to mean ‘substantial evidence,’ Washington, V. & M. Coach Co. v. Labor Board, 301 U.S. 142, and we said that ‘[s]ubstantial evidence is more than a mere scintilla. It means such evidence as a reasonable mind might accept as adequate to support a conclusion.’ Consolidated Edison Co. v. Labor Board, 305 U.S. 197, 229. Accordingly, it ‘must do more than create a mere suspicion of the existence of the fact to be established. [I]t must be enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury.’ Labor Board v. Columbian Enameling & Stamping Co., 306 U.S. 292, 300.” J. Frankfurter, Universal Camera Corp. v. National Labor Relations Board, 340 U.S. 474 (1951).