What is the test for giving a requested instruction in a personal injury case?
California, United States of America
The following excerpt is from People v. Ramos, F066726 (Cal. App. 2014):
"A party is entitled to a requested instruction if it is supported by substantial evidence. [Citation.] Evidence is '[s]ubstantial' for this purpose if it is 'sufficient to "deserve consideration by the jury," that is, evidence that a reasonable jury could find persuasive.' [Citation.] At the same time, instructions not supported by substantial evidence should not be given. [Citation.]" (People v. Ross (2007) 155 Cal.App.4th 1033, 1049-1050.)
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