What is the test for contributory negligence in a motor vehicle accident?
California, United States of America
The following excerpt is from Van Pelt v. Carte, 209 Cal.App.2d 764, 26 Cal.Rptr. 182 (Cal. App. 1962):
Unless contributory negligence appears from plaintiff's own evidence, defendant must plead and prove it. (Martinelli v. Poley, 210 Cal. 450, 458, 292 P. 451.)
Conjecture, surmise and guesswork may not give rise to an affirmative finding of fact. As was said in Bardin v. Case, 99 Cal.App.2d 137, 142, 221 P.2d 292, 295,
'* * * An inference of fact must be based upon substantial evidence, not conjecture. 'In order to justify the submission of any question of fact to a jury, the proof must be sufficient to raise more than a mere conjecture or surmise that the fact is as alleged. It must be such that a rational, well-constructed mind can reasonably draw from it the conclusion that the fact exists, and, when the evidence is not sufficient to draw such inference, the court should refuse to submit the question to the jury.''
Page 186
See also Marshall v. Parkes, 181 Cal.App.2d 650, 655(4-5), 5 Cal.Rptr. 657.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
