Washington Jury Instruction - Possession
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FAQ
Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box.
To hold a healthcare provider legally liable in a medical malpractice case, their negligence must be the proximate cause of your injuries. A proximate cause is an incident that results in another event. There must be a clear, cause-and-effect link between the liable party's negligence and the harm you suffered.
Constructive possession occurs when there is no actual physical possession but there is dominion and control over the substance.] [Proximity alone without proof of dominion and control is insufficient to establish constructive possession.
WPI 15.01. 01 (7th ed.) A cause of an [injury] [event] is a proximate cause if it is related to the [injury] [event] in two ways: (1) the cause produced the [injury] [event] in a direct sequence [unbroken by any superseding cause], and (2) the [injury] [event] would not have happened in the absence of the cause.
The pattern instructions are not authoritative primary sources of the law; rather, they restate otherwise existing law for jurors. The pattern instructions do not receive advance approval from any court, although they are often treated as ?persuasive.? See, e.g., State v. Mills, 116 Wn.
WPI 30.07. 02 (7th ed.) The reasonable value of necessary medical care, treatment, and services with reasonable probability to be required in the future. Insert this phrase as an element of future economic damages in the damage instruction (WPI 30.01.
A driver making a left-hand turn must yield to oncoming traffic even if the oncoming vehicle was proceeding unlawfully. Doherty v.
Some courts use the "substantial factor" test, which states that as long as a defendant's actions were a substantial factor in the crime, then that defendant can be found guilty. Under this test, both gunmen would be found guilty despite ambiguities in whose bullet caused the death.
