WPI 50.08 Presumption of Agency—Agency and Scope of Authority Presumed From Ownership of Automo...
6 WAPRAC WPI 50.08Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 50.08 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part VI. Agency and Partnership—Torts
Chapter 50. Agency and Partnership—Torts
WPI 50.08 Presumption of Agency—Agency and Scope of Authority Presumed From Ownership of Automobile
(The WPI Committee recommends that no instruction be given on this subject.)
COMMENT
This presumption does not involve any issues for the jury to decide. The presumption, if unrebutted, serves only to carry the case to the jury, thus avoiding a directed verdict, but has no additional effect. If the presumption is rebutted, then it simply disappears, and the plaintiff must prove his or her case without the presumption. The decision whether the presumption has been rebutted is made by the court, not the jury. See generally Callen v. Coca-Cola Bottling Inc., 50 Wn.2d 180, 182, 310 P.2d 236 (1957); Bradley v. S.L. Savidge, Inc., 13 Wn.2d 28, 63–64, 123 P.2d 780 (1942).
The general instruction on the burden of proof is sufficient.
[Current as of November 2021.]
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