What is the test for the presumption of due care in a wrongful death action?
California, United States of America
The following excerpt is from Christensen v. Malkin, 236 Cal.App.2d 114, 45 Cal.Rptr. 836 (Cal. App. 1965):
As was said in Gigliotti v. Nunes, 45 Cal.2d 85, at page 93, 286 P.2d 809, at page 814: 'The benefit of the presumption [of due care] has frequently been held available to plaintiffs in wrongful death actions * * *.'
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