Rivera v. American National Property & Casualty Co.

*704OPINION

This appeal raises the question of the proper jury instructions necessary to state rebuttable presumptions under NRS 47.220(3). The district court gave an instruction that properly stated when a rebuttable presumption arises, but it did not also state that the rebuttable presumption will not arise until the jury finds the basic fact upon which the presumption rests to be more probable than not. While the failure to give this additional language in the instruction was error, we conclude that in the context of this case such error was harmless.

THE FACTS

Robert and Barbara Rivera (Riveras)…