Ristaino v. Flannery

RODOWSKY, Judge.

This automobile collision, personal injury case was tried before a jury and resulted in a defendant’s verdict. We granted certiorari to consider the following question:

“Is it reversible error to instruct the jury that the mere happening of the accident creates no presumption of negligence on the part of the defendant where the manner in which the accident happened does indeed create a rebuttable presumption of negligence?”

As explained below, our forthright answer is, “It all depends.” In the case before us the giving of the instruction constituted reversible error.

Petitioners,…