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DEL PIERO v. PHILLIPS

No. 18648.

769 P.2d 53 (1989)

Greg DEL PIERO, Appellant, v. Dale Anthony PHILLIPS, Respondent.

Supreme Court of Nevada.

February 22, 1989.

Attorney(s) appearing for the Case

Edward B. Horn and Paul Elcano, Reno, for appellant.

Perry, Hebert & Spann and Kelly G. Watson, Reno, for respondent.

OPINION

SPRINGER, Justice:

The jury in this case gave judgment to the defendant, respondent Phillips. We reverse because it was error for the trial court to refuse to give appellant's instructions on negligence per se. "A negligence per se instruction would have served to shift the burden of proof to respondents to show excuse or justification, thereby relieving appellant of the burden of establishing actual negligence. Barnes v. Delta Lines...

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