What is the test for making an inference of negligence in a motor vehicle accident?
California, United States of America
The following excerpt is from Gradus v. Hanson Aviation, Inc., 158 Cal.App.3d 1038, 205 Cal.Rptr. 211 (Cal. App. 1984):
To justify such an instruction as the one sub judice a party must present some substantial evidence, which, if believed by the jury, would entitle it to draw an inference of negligence from the happening of the accident itself. (Kerr v. Bock (1971) 5 Cal.3d 321, 324, 95 Cal.Rptr. 788, 486 P.2d 684.)
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