Johnson v. Secretary of State

(to reverse). Plaintiff, administrator of the estate of Mamie Jean Johnson, commenced this action for wrongful death against the Secretary of State pursuant to the unidentified owner/ driver provision of the Motor Vehicle Accident Claims Act. 1

We granted leave to appeal to decide whether, in an action based upon that act, evidence of the unidentified driver’s flight from the scene of an accident, in violation of the statutory duties to stop, give information and aid, and to make a report, 2 should give rise to a presumption of the driver’s negligence. The trial judge held that evidence of…