VF-1206. Products Liability - Express Warranty - Affirmative Defense—Not "Basis of Bargain"
We answer the questions submitted to us as follows:
1. Did [name of defendant] represent to [name of plaintiff] by a [statement of fact/promise/description/sample/model] that the [product] [insert description of alleged express warranty]?
______ Yes ______ No
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. Did [name of plaintiff] rely on [name of defendant]'s [statement of fact/promise/description/sample/model] in deciding to [purchase/use] the [product]?
______ Yes ______ No
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. Did the [product] fail to [perform] [or] [have the same quality] as represented?
______ Yes ______ No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
4. Was the failure of the [product] to [perform] [or] [meet the quality] as represented a substantial factor in causing harm to [name of plaintiff]?
______ Yes ______ No
If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further uestions, and have the presiding juror sign and date this form.
5. What are [name of plaintiff]'s damages?
| [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 $______ |
| 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].
Directions for Use
The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.
Under various circumstances, the plaintiff must also prove that he or she made a reasonable attempt to notify the defendant of the defect. Thus, where appropriate, the following question should be added prior to the question regarding the plaintiff's harm: "Did [name of plaintiff] take reasonable steps to notify [name of defendant] within a reasonable time that the [product] [was not/did not perform] as requested?
This verdict form is based on CACI No. 1230, Express Warranty— Essential Factual Elements, and CACI No. 1240, Affirmative Defense to Express Warranty—Not "Basis of Bargain."
If specificity is not required, users do not have to itemize all the damages listed in question 5. The breakdown is optional; depending on the circumstances, users may wish to break down the damages even further.
If there are multiple causes of action, users may wish to combine the individual forms into one form.
This form may be modified if the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest on specific losses that occurred prior to judgment.
Do not include question 2 if the affirmative defense is not at issue.
(Revised February 2005)