Does a defendant have a presumption that any negligence on his part was not a proximate cause of the occurrence?
California, United States of America
The following excerpt is from Striley v. Salinas Valley Mem'l Health Care System, H035248, Super. Ct. No. M99173 (Cal. App. 2011):
or that any negligence on his part was not a proximate cause of the occurrence, ' the trier of fact determines whether defendant was negligent without regard to the presumption, simply by weighing the evidence. (Id., 646, subd. (c); see also id., 604.)" (Brown v. Poway Unified School Dist. (1993) 4 Cal.4th 820, 825-826.)
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