Sam Harding Law Firm

Las Vegas Motor Vehicle Accidents Lawyers covering all of Nevada. Call The Sam Harding Law Firm: 702-333-7777

Home Motor Vehicle Accidents Jury Instructions Imputed Negligence

NEVADA PATTERN JURY INSTRUCTION

IMPUTED NEGLIGENCE; DRIVER TO OWNER-PASSENGER (NEV. J.I. 5.05)

If the owner of an automobile requests a person to drive it, and the owner remains in the vehicle while it is driven, it is presumed that the driver was operating the vehicle as the agent of the owner. Any negligence of the driver in the operation of the automobile is thus imputed to the owner.
However, if you find from a preponderance of the evidence that the owner did not retain control of the direction over the automobile, then the presumption of agency is rebutted; and any negligence of the driver is not imputed to the owner.

It appears doubtful that this instruction has any application in an action between the owner-passenger and the driver o the vehicle. See Parrish v. Walsh, 429 N.E.2d 1176, 21 ALR 4th 454 ((Ohio 1982).

Rocky Mt. Produce v. Johnson, 78 Nev. 44, 369 P.2d 198 (1962), is still the only Nevada authority for this rule of law.

Sam Harding Law Firm, your Las Vegas, Nevada auto accident attorney wants you to know about the laws pertaining to auto accidents in Nevada.


 

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Sam Harding

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Sam Harding
Caring, Dedicated and Committed to Justice

Since 1975, Mr. Harding has practiced in the area of personal injury litigation in Nevada. He has represented clients in personal injury cases including but not limited to wrongful death cases, brain injury cases, product liability cases, automobile accident cases, aircraft crash cases, dog bite cases, slip and fall cases, nursing home abuse cases and defamation cases.

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About Sam Harding

Mr. Harding is a member of the Nevada Trial Lawyers Association and the American Bar Association. He has been lead trial counsel in over one hundred jury trials. Mr. Harding is a member of ABOTA (American Board of Trial Advocacy). Mr. Harding is an AV rated attorney in Martindale-Hubble.

Nevada Auto Accidents

The Sam Harding Law Firm knows Nevada motor vehicle law. Our proven track record of court settlements is one of the best of any firm representing the injured from car crashes, motorcycle accidents, trucking and big-rig accidents and other motor vehicle related accident related injuries.

Catastrophic Injury Cases

For over three decades The Sam Harding Law Firm has been helping victims of serious injury in Nevada. From nursing home abuse and neglect to serious injuries such as traumatic brain injury (TBI), spinal cord injuries and more. Let Sam Harding go to work for you. We handle all cases on a personal level. We are caring, dedicated and committed to justice.

Contact Us

Sam Harding Law Firm

500 South 8th Street

Las Vegas, Nevada 89101

tel 702.333.7777 fax 702.384.5731