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CACI Jury Instruction 3927 reads as follows: CACI 3927 - Aggravation of Pre-existing condition or disability: Plaintiff is not entitled to damages for any physical or emotional condition that he/she had before defendant's conduct occurred.
CACI 452 is a powerful framing tool for trial which can help defeat an unfair finding of comparative fault. A party is entitled to the instruction ?which advises the jury as to the amount of care which he was required to exercise while acting under its stress.? (Groat v.
Juries in California are given California Jury Instruction CACI 418 or ?Presumption of Negligence per se? to help them determine when a defendant is negligent as a matter of law.
CACI No. 3961 directs the jury to ?subtract the amount [the plaintiff] earned . . . by returning to gainful employment? from any award of past economic damages. The trial court instead instructed the jury with CACI No. 2407 (affirmative defense?employee's duty to mitigate damages).
CACI (Pronounced "Casey") is the name of the Judicial Council of California Civil Jury Instructions, the official civil jury instructions and verdict forms approved by the council on July 16, 2003. "CACI" means "California Civil Instructions."
California Jury Instruction 3920 defines loss of consortium as ?the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support; and the loss of the enjoyment of sexual relations or the ability to have children.?
The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice. (See also CACI 3940-3942.)
California Civil Jury Instruction 3113 addresses recklessness as a high probability that a person's conduct would cause harm, and he or she knowingly disregarded this risk.