Privette v. Faulkner

I respectfully dissent.

The majority here reverse a jury’s solemn verdict, made after assessing all the evidence in the light of their combined wisdom, because the district court declined to instruct the jury to accord special and continuing weight to one item of evidence, i.e., ownership of the vehicle all the travelers were using.

Concerning this, my brethren say that the “weight of authority” recognizes the existence of a presumption that the owner of the vehicle was driving, if such vehicle was involved in an accident. However, while I note that although the majority cite a total of seven…