California Civil Jury Instructions (CACI)

VF-2801. Fraudulent Concealment of Injury (Lab. Code, § 3602(b)(2))

We answer the questions submitted to us as follows:

1. Was [name of plaintiff/decedent] injured on the job?

______ 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 defendant] know [name of plaintiff/decedent] had suffered a job-related injury?

______ 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 [name of defendant] conceal this knowledge from [name of plaintiff/decedent]?

______ 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 [name of plaintiff/decedent]'s injury made worse as a result of this concealment?

______ Yes  ______ No

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. What are [name of plaintiff]'s total 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 $______  

Answer question 6.

6. What are the damages that [name of plaintiff/decedent] would have sustained if [name of defendant] had not concealed the injury?

[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 $______  

Answer question 7.

7. Subtract the total amount in question 6 from the total amount in question 5. This is the amount [name of plaintiff] is entitled to recover. $______

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.

This verdict form is based on CACI No. 2802, Fraudulent Concealment of Injury (Lab. Code, § 3602(b)(2))—Essential Factual Elements.

If specificity is not required, users do not have to itemize all the damages listed in questions 5 and 6, and do not have to categorize "economic" and "noneconomic" damages, especially if it is not a Proposition 51 case. The breakdown of damages 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.

(New September 2003)