California, United States of America
The following excerpt is from Sanchez v. General Hospital, 116 Cal.App.3d 776, 172 Cal.Rptr. 342 (Cal. App. 1981):
The finding of these three conditions as a matter of law gave rise to a presumption affecting the burden of producing evidence (Evid.Code, 646). This burden was articulated in Newing v. Cheatham in this fashion: "It then became defendant's obligation to introduce sufficient evidence to sustain a finding either that the accident resulted from some cause other than Cheatham's negligence, or, else, that Cheatham exercised due care in all possible respects wherein he might have been negligent. (See Cal.Law Revision Com. to Evid.Code, 646.)" (Pp. 364-365.)
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