- • Was the trial court correct in instructing the jury that it was Defendant's burden to prove that he acted consistent with the applicable level of care when he unintentionally injures another?
- • The requisite standard of care is the same for accidental injuries resulting from lawful actions, whether the actions are characterized as necessary or merely permissible.
- • When a trial court instructs a jury that the Defendant is required to prove he acted with due care to avoid liability, a new trial is necessary to place the burden of proof properly upon the Plaintiff.
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