California Civil Jury Instructions (CACI) (2017)

VF-1606. Negligent Infliction of Emotional Distress—Fear of Cancer, HIV, or AIDS—Malicious, Oppressive, or Fraudulent Conduct

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VF-1606.Negligence—Recovery of Damages for Emotional
Distress—No Physical Injury—Fear of Cancer, HIV, or
AIDS—Malicious, Oppressive, or Fraudulent Conduct
We answer the questions submitted to us as follows:
1. Was [name of plaintiff] exposed to [insert applicable carcinogen,
toxic substance, HIV, or AIDS] as a result of [name of defendant]’s
conduct?
1. Yes No
1. 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] act with [malice/oppression/fraudulent
intent] because [insert one or more of the following, as applicable:]
2. [[name of defendant] intended to cause injury to [name of
plaintiff]?] [or]
2. [[name of defendant]’s conduct was despicable and was carried
out with a willful or conscious disregard of [name of plaintiff]’s
rights or safety?] [or]
2. [[name of defendant]’s conduct was despicable and subjected
[name of plaintiff] to cruel and unjust hardship in conscious
disregard of [name of plaintiff]’s rights?] [or]
2. [[name of defendant] intentionally misrepresented or concealed a
material fact known to [name of defendant], intending to cause
[name of plaintiff] harm?]
2. Yes No
2. 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 plaintiff] suffer serious emotional distress from a
fear, confirmed by reliable medical or scientific opinion, that
[name of plaintiff]’s risk of developing [insert applicable cancer,
HIV, or AIDS] was significantly increased by the exposure and
has resulted in an actual risk that is significant?
3. Yes No
3. 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.
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4. Was [name of defendant]’s conduct a substantial factor in causing
[name of plaintiff]’s serious emotional distress?
4. Yes No
4. 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 damages?
[a. Past economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other past economic loss $ ]
[a. Total Past Economic Damages: $ ]
[b. Future economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other future economic loss $ ]
[b. Total Future Economic Damages: $ ]
[c. Past noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. Future noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. TOTAL $
Signed: Presiding Juror
Dated:
After [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailiff/court attendant] that you are ready to present your
verdict in the courtroom.
New September 2003; Revised April 2007, December 2010, June 2014, December
2016
EMOTIONAL DISTRESS VF-1606
937
0045
Directions for Use
This verdict form is based on CACI No. 1623, Negligence—Recovery of Damages
for Emotional Distress—No Physical Injury—Fear of Cancer, HIV, or
AIDS—Malicious, Oppressive, or Fraudulent Conduct—Essential Factual Elements.
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.
If specificity is not required, users do not have to itemize all the damages listed in
question 5 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.
If there are multiple causes of action, users may wish to combine the individual
forms into one form. If different damages are recoverable on different causes of
action, replace the damages tables in all of the verdict forms with CACI No. VF-
3920, Damages on Multiple Legal Theories.
If the jury is being given the discretion under Civil Code section 3288 to award
prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801,
814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest.
This verdict form may need to be augmented for the jury to make any factual
findings that are required in order to calculate the amount of prejudgment interest.
VF-1607–VF-1699. Reserved for Future Use
VF-1606 EMOTIONAL DISTRESS
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0046