specially concurring.
I fully concur in our holding that Instructions 23 and 28 constituted reversible error, however, I write specially to note my concern that today’s decision not be misunderstood as suggesting that the mere use of the word “presumption” is cause for reversal. While I recognize that language in Bongiovi v. Jamison, 110 Idaho 734, 718 P.2d 1172 (1986), can fairly be read as requiring this result, in my view a finding of prejudice based upon the specific circumstances of the case is required before reversal is warranted.