CACI  INSTRUCTIONS

401. Negligence - Single Defendant - Plaintiff's Negligence at Issue - Fault of Others Not at Issue

We answer the questions submitted to us as follows:

1. Was [name of defendant] negligent?

If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

2. Was [name of defendant]'s negligence a substantial factor in causing harm to [name of plaintiff]?

If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

3. What are [name of plaintiff]'s total damages? Do not reduce the damages based on the fault, if any, of [name of plaintiff].
[a. Past economic loss, including [lost earnings/ lost profits/medical expenses:]
[b. Future economic loss, including [lost earnings/lost profits/lost earning capacity/ medical expenses:]
[c. Past noneconomic loss, including [physical pain/mental suffering:]
[d. Future noneconomic loss, including [physical pain/mental suffering:]
TOTAL

If [name of plaintiff] has proved any damages, then answer question 4. If [name of plaintiff] has not proved any damages, then stop here, answer no further questions, and have the presiding juror sign and date this form.

4. Was [name of plaintiff] negligent? If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

5. Was [name of plaintiff]'s negligence a substantial factor in causing [his/her] harm?

If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

6. What percentage of responsibility for [name of plaintiff]'s harm do you assign to:
[Name of defendant]: % [Name of plaintiff]: % TOTAL 100 %

Signed: Presiding Juror Dated:

[After it has been signed/After all verdict forms have been signed], deliver this verdict form to the [clerk/bailiff/judge].

CACI are the approved jury instructions from the Judicial Council of California. Jury instructions are read to the jury by the judge and establish the law the jury must follow in deciding the case. A partner of Cheong, Denove, Rowell, Bennett & Hapuarachy  has been formally recognized as one of the attorneys who assisted the task force in the preparation of these jury instructions.

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