![[Contents]](../icons/rule_toc.gif){kind=icon}
Although there are __________ plaintiffs in this suit, the case of each is separate from the other[s].
Unless otherwise stated, the instructions apply to each case. Determine each plaintiff's case separately, the same as if you were trying different lawsuits. | TOP |
The instructions relating to contributory negligence apply only to plaintiff[s] _________________________________________________________________ _________________________________________________________________ _________________________________________________________________
_________________________________________________________________ | TOP |
Although there is more than one defendant in this suit, it does not follow from that fact alone that if one is liable [both] [all] are liable. Each defendant is entitled to a fair and separate consideration of that defendant's defense and is not to be prejudiced by your decision as to the other[s]. Unless otherwise stated, the instructions apply to the case of each defendant.
Decide each defendant's case separately. | TOP |
Plaintiff __________ has entered into a settlement agreement with defendant __________ [and defendant __________] concerning the payment of money to compensate plaintiff __________ for injuries. The essential nature of the agreement is such that it will be advantageous to defendant[s] __________ [and defendant __________] for the jury to return a verdict against defendant __________ (non-settling defendant). You may consider the fact of that settlement in judging the believability of the testimony of a settling defendants' witnesses. You are the exclusive judges of the believability of such witnesses. | TOP |
If you find that plaintiff is entitled to recover economic damages against more than one defendant, you must return a verdict for economic damages in a single sum against all the defendants whom you find to be liable.
If you find that plaintiff is entitled to recover non-economic damages against more than one defendant, you must return a separate verdict as to each defendant and each shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant's percentage of the total fault.
In determining a defendant's percentage of fault, you must consider the fault of all other persons, [including the plaintiff,] whose [negligence,] [or] [defective product,] [or] [other wrongful conduct] was a cause of plaintiff's injury, damage loss or harm. | TOP |
The evidence indicates that plaintiff has received certain workers' compensation benefits by way of medical care and compensation for the [same injury] [injury connected with that] for which plaintiff seeks damages from the defendant in this action, and that these sums were paid by __________ (Employer or employer's compensation insurer) [who] [which] was [plaintiff's employer] [the workers' compensation insurer for plaintiff's employer].
Payment of workers' compensation benefits is based upon the fact that a compensable industrial accident occurred. It does not depend upon blame or fault. If plaintiff does not obtain a judgment in [his] [her] favor, plaintiff is not required to repay [his] [her] [employer] [nor] [plaintiff's] [employer's insurer] any amounts either of them paid to [him] [her] or on [his] [her] behalf.
If you decide that the plaintiff is entitled to judgment against the defendant, you must [find his] [find her] [award him] [award her] damages and return your verdict in [his] [her] favor in the amount so found without deducting the amount of compensation benefits paid to or for [him] [her]. The law provides another means to protect the rights of the person paying such compensation benefits. | TOP |
If the [plaintiff] [deceased, __________] was an employee of the defendant, this court has no power to render a judgment for damages for [any injury] [wrongful death] which occurred while such person was acting in the course of employment and which was caused by the employment. Under the Workers' Compensation Laws of this state a claim for such damages can be considered only by the Workers' Compensation Appeals Board.
You must therefore determine whether [the plaintiff] [__________] was an employee of the defendant at the time of the injury [for which damages are sought in this action] [alleged to have caused the death and for which plaintiff seeks damages].
An employee is one who is appointed and agrees to perform services for another (the employer) who has the right to direct and control the details of the work, and to discharge the employee. [The fact that the employer does not actually exercise the right to control the details of the work will not destroy the employment relationship.] [The fact that a person receives wages does not prove that one is an employee of the person paying, but is a factor to consider in deciding whether an employer-employee relationship existed.]
[One may be both a general employee of one employer and a special employee of another if one's work is for the benefit of both employers and if both employers participate in and have some power to direct and control the details of the work.]
[In this case it is contended that the [plaintiff] [deceased] was an independent contractor rather than an employee of the defendant. The two relationships are different. An independent contractor is one who works for a specified fee to accomplish a specified result for another and is subject to the other's control only as to the result of the work to be done, and not as to the means of doing it.]
[If you find that the [plaintiff] [deceased] at the time of the accident involved was the defendant's employee as defined in this instruction, your verdict in this action must be for the defendant.]
[If you find that the [plaintiff] [deceased] was an employee of the defendant, then you must also determine whether the injury involved occurred while [plaintiff] [deceased] was acting in the course of the employment and was caused by the employment. If you find that [plaintiff] [deceased] was injured in the course and as a result of such employment, your verdict in this action must be for the defendant. A person acts in the course of employment when doing work that person was employed to do, or while doing any act which is incidental to, customarily connected with, or reasonably necessary for the performance of such work.] | TOP |
An employee [or the dependents of a deceased employee] may recover damages from the employer:
[Where the employee's injury or death is caused by a willful physical assault by the employer.]
[Where the employee's injury is aggravated by the employer's fraudulent concealment of the existence of the injury and its connection with the employment, but the employer's liability shall be limited to those damages caused by the aggravation. ["Fraudulent concealment" includes a failure to disclose facts.]]
[Where the employee's injury or death is caused by a defective product manufactured by the employer and sold, leased, or otherwise transferred for valuable consideration to an independent third person and that product is thereafter provided for the employee's use by a third person.]
[Where the employee's injury or death is caused by the employer's knowing removal of, or knowing failure to install, a point of operation guard on a power press which is specifically authorized by the employer under conditions which the employer knows will create a probability of serious injury or death.]
[Where the employer fails to secure the payment of compensation to an employee as required by the law of California.] | TOP |
I have not intended by anything I have said or done, or by any questions that I have asked, to suggest how you should decide any questions of fact, or that I believe or disbelieve any witness.
If anything I have done or said has seemed so to indicate, you must disregard it and form your own opinion. | TOP |
I have not intended by anything I have said or done, or by any questions that I have asked, to suggest how you should decide any questions of fact submitted to you.
If anything I have done or said has seemed to so indicate, you must disregard it and form your own opinion.
At this time, however, and for the purpose of assisting you in properly deciding this case, I am permitted by the Constitution of California to comment on the evidence and the testimony and believability of any witness.
My comments are intended to be advisory only and are not binding on you as you must be the exclusive judges of the questions of fact submitted to you and of the believability of the witnesses.
You may disregard any or all of my comments if they do not coincide with your views of the evidence and the believability of the witnesses. | TOP |
The purpose of the court's instructions is to instruct you as to the applicable law so that you may arrive at a just and lawful verdict. Whether some instructions apply will depend upon what you find to be the facts. Even though I have instructed you on various subjects [including damages] you must not treat the instructions as indicating the court's opinion on how you should decide any issue in this case [or as to which party is entitled to your verdict]. | TOP |
In the jury room it is your duty to discuss the case in order to reach an agreement if you can.
Each of you must decide the case for yourself, but should do so only after considering the views of each juror.
You should not hesitate to change an opinion if you are convinced it is wrong. However, you should not be influenced to decide any question in a particular way simply because a majority of the jurors, or any of them, favor such a decision. | TOP |
The attitude and conduct of jurors at the beginning of their deliberations are very important. It is rarely helpful for a juror, on entering the jury room, to express an emphatic opinion on the case or to announce a determination to stand for a certain verdict. When one does that at the outset, a sense of pride may be aroused, and one may hesitate to change a position even if shown that it is wrong. Remember that you are not partisans or advocates in this matter. You must be impartial judges of the facts. | TOP |
You must not determine any issue in this case by chance such as the flip of a coin, the drawing of lots or by any other chance determination. For example, if you determine that a party is entitled to recover, you must not arrive at the amount of damages to be awarded [or any percentage of negligence] by agreeing in advance to determine an average and to make that your verdict, without further exercise of your independent consideration, judgment and decision. | TOP |
The instructions which I am now giving to you will be made available in written form [if you so request] for your deliberations.
You will find that the instructions may be typed, printed or handwritten. Portions may have been added or deleted. You must disregard any deleted part of an instruction and not speculate as to what it was or as to the reasons for its deletion. You are not to be concerned with the reasons for any modification.
Every part of the text of an instruction, whether typed, printed or handwritten, is of equal importance. You are to be governed only by the instruction in its final wording. | TOP |
You will be permitted to separate at the [noon] [and] [evening] recess[es]. During your absence the courtroom will be locked. You are to return following the recess[es] [at __________ and] at __________ on the next succeeding court date. During such periods of recess, you must not discuss with anyone any subject connected with this trial, and you must not deliberate further upon the case until all 12 of you are together and reassembled in the jury room. At such time you shall notify the clerk or [bailiff] [court attendant] that the jury is reassembled, and then continue your deliberations. | TOP |
You shall now retire and select one of your number to act as foreperson. He or she will preside over your deliberations. Each juror should deliberate and vote on each issue. Nine or more jurors may reach a verdict. As soon as nine or more have agreed upon a verdict so that each may state truthfully that the verdict expresses his or her vote have the verdict signed and dated by your foreperson and then return with it to this room. Return any unsigned verdict form. | TOP |
You shall now retire and select one of your number to act as foreperson. Your foreperson shall preside over your deliberations. All jurors should participate in all deliberations and vote on each issue. The votes of nine or more jurors are required to reach a verdict. If your verdict is in favor of the plaintiff, you must also answer written questions on a form that will be given to you. Nine or more jurors must agree on each answer but it need not be the same nine or more jurors. Answer the questions according to the directions on the form and all of the instructions of the court.
As soon as any nine or more jurors have agreed upon a verdict and if your verdict is in favor of plaintiff, and any nine or more jurors have agreed upon the answers to the questions, have the verdict and answers signed and dated by your foreperson and return with them to this room. You may be polled in open court. If so, each juror must be able to state truthfully that the answer does or does not express his or her vote. | TOP |
You shall now retire and select one of your number to act as foreperson. Your foreperson shall preside over your deliberations. All jurors should participate in all deliberations and vote on each issue. Answer the questions according to the directions on the form and all of the instructions of the court. If nine or more can agree on the answers, you shall return a special verdict in the form of written answers to questions on a form you will be given.
As soon as any nine or more jurors have agreed upon each answer, have the answers signed and dated by your foreperson and return with it to this room. It need not be the same nine or more jurors that agree upon each answer to the questions. You may be polled in open court. If so, each juror must be able to state truthfully that the answer does or does not express his or her vote. | TOP |
You shall now retire and select one of your number to act as foreperson who will preside over your deliberations.
You will return a verdict only on the issue of liability without reference to damages.
As soon as nine or more of you shall have agreed upon a verdict on the issue of liability, you shall have it signed and dated by your foreperson and then shall return with it to this room. | TOP |
You have heretofore returned your verdict on the issue of liability in favor of the plaintiff[s] against the defendant[s]. Now, you shall retire and deliberate on the issue of damages.
The foreperson previously selected may preside over your deliberations or you may elect to choose a new foreperson.
Your deliberations on the issue of damages shall be governed by the same instructions previously given to you so far as they are applicable as well as by the instructions on damages.
As soon as nine or more jurors have agreed upon a verdict on the issue of damages, have it signed and dated by your foreperson and then return with it to this room. | TOP |
Ladies and Gentlemen of the Jury:
A juror has been excused for legal cause and replaced with an alternate juror. [You are not to speculate or consider for any purpose the reasons for such excuse.]
The law grants each party in this case the right to a verdict reached only after full participation of all jurors who ultimately return the verdict.
This right may be assured in this case only if the jury begins its deliberations again from the beginning.
You are therefore instructed to disregard and put out of your mind all past deliberations and begin deliberating anew. This means that each remaining juror must set aside and disregard the earlier deliberations as if they had not taken place.
You shall now retire for your deliberations in accordance with the instructions previously given. | TOP |
DEADLOCKED JURY ADMONITION
Do your best to reach a verdict if you can reasonably do so. This case is important to the parties and has been expensive to try. If you fail to reach a verdict, the case will have to be tried by another jury selected in the same manner you were. You are certainly as competent as any other jury.
I am not suggesting that anyone should give up a conscientiously held opinion, however, I am asking each of you to listen with deference to the views of other jurors who do not agree with you and to ask yourself if they may be right and you may be wrong in how you evaluate the evidence and apply it to the law. If you are convinced you are wrong, you must be willing to change your opinion and you should not hesitate to do so.
Remember, it is you duty to try and reach a verdict if you can, and, bearing in mind what I have said, I am asking you to further deliberate in an effort to reach a verdict. | TOP |