Nevada Jury Instructions: Imputed Negligence; Driver To Owner-Passenger

IMPUTED NEGLIGENCE; DRIVER TO OWNER-PASSENGER

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 owner.

NEV J.I. 5.05

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By NLB

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