What is the test for giving jury instructions in a personal injury case?

California, United States of America


The following excerpt is from Dunn v. Dreamworks Animation SKG, Inc., B236200 (Cal. App. 2013):

"A party has a right to jury instructions on his or her theory of the case, if they are reasonable and supported by the pleadings and the evidence, or any inference which may properly be drawn from the evidence. [Citations.] This right is designed to ensure the jury has 'a full and complete understanding of the law applicable to the facts' of the case before it. [Citations.]" (Sesler v. Ghumman (1990) 219 Cal.App.3d 218, 223.)

"'Instructions should state rules of law in general terms and should not be calculated to amount to an argument to the jury in the guise of a statement of law. [Citations.] Moreover, it is error to give, and proper to refuse, instructions that unduly overemphasize issues, theories or defenses either by repetition or singling them out or making them unduly prominent although the instruction may be a legal proposition. [Citations.]' [Citation.]" (Major v. Western Home Ins. Co. (2009) 169 Cal.App.4th 1197, 1217.)

Other Questions


Is there any case law where a jury has been instructed to use the same or similar language as the standard instructions in a personal injury case? (California, United States of America)
Is there any case law where a jury has been instructed to use the same or similar language as the standard instructions in a personal injury case? (California, United States of America)
What is the test for giving the jury instructions in a personal injury case? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
Does the trial court abused its authority in giving instructions to a jury in a personal injury case? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
In a personal injury case, can a plaintiff hire an attorney to prosecute the personal injury suit? (California, United States of America)
What are some examples of high-profile personal injury cases involving personal injury? (California, United States of America)
What is the legal correct instruction to give a jury in a personal injury case? (California, United States of America)
Is a Defendant's proposed instructions in a personal injury case considered a pinpoint instruction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.