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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