What is the current test for determining whether a plaintiff has been found guilty of a wrongful death by mistake?
California, United States of America
The following excerpt is from People v. Wandick, 227 Cal.App.3d 918, 278 Cal.Rptr. 274 (Cal. App. 1991):
The second rule, that the presumption is tested without regard to the evidence adduced at trial, was superseded by a harmless-error analysis as explained in Rose v. Clark (1986) 478 U.S. 570, 106 S.Ct. 3101, 92 L.Ed.2d 460.
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