NEVADA PATTERN JURY INSTRUCTION

DIRECTION AGAINST IMPUTATION OF DRIVER’S NEGLIGENCE TO PLAINTIFF-PASSENGER (NEV. J.I. 5.04)

The negligence, if any, of the driver of the vehicle in which the plaintiff was a passenger may not be imputed to the plaintiff.

This instruction is appropriate where the evidence fails, as a matter of law, to establish that the driver was the agtent of, or a joint adventurer with, the plaintiff-passenger or where there is no contention of an agency or joint venture relationship between the driver and the plaintiff-passenger.

Where the passenger is also the owner of the vehicle this instruction is not appropriate (Nev. J.I. 5.05 is appropriate).

The most extensive discussion of this legal doctrine is contained in White v. Yup, 85 Nev. 527, 458 P.2d 617 (1969).

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