Sherburne v. Miller

with whom Gunderson, J., concurs:

I respectfully dissent from the result announced by the majority. The trial judge found, and it is not disputed, that appellant entered the case with the rebuttable presumption that respondents were negligent; that such negligence was the proximate cause of the fatal injury to appellant’s husband, Jay Sher-burne; and, that it was respondents’ burden to rebut the statutory presumption of their negligence. NRS 616.375; Richard Matthews, Jr., Inc. v. Vaughn, 91 Nev. 583, 540 P.2d 1062 (1975); Cahow v. Michelas, 62 Nev. 295, 149 P.2d 233 (1944).

At the conclusion…