context: If a plaintiff fails to rebut the presumption "by a preponderance of the evidence to the contrary," a verdict will be directed that the product was "not defective." For this reason the Kentucky courts have not generally permitted advising the jury of any presumptions except in a narrow set of circumstances not applicable here.
citation_a.signal: see
citation_a.identifier: 565 S.W.2d 141, 141
citation_a.parenthetical: jury should not be informed of presumption of sanity in criminal cases
citation_a.sentence: See Lowe v. McMurray, 412 S.W.2d 571, 574 (Ky.1967) (general prohibition against instructing jury as to questions of law or fact); Mason, 565 S.W.2d at 141 (jury should not be informed of presumption of sanity in criminal cases).
citation_b.signal: but cf.
citation_b.identifier: 561 S.W.2d 85, 86
citation_b.parenthetical: particular statute involving expert testimony creates a presumption of fact and jury may be informed of it
citation_b.sentence: But cf. Wells v. Commonwealth, 561 S.W.2d 85, 86 (Ky.1978) (particular statute involving expert testimony creates a presumption of fact and jury may be informed of it).