California Civil Jury Instructions (CACI) (2017)

2905. Compliance With Employer's Requests or Directions

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2905.Compliance With Employer’s Requests or Directions
[Name of plaintiff/decedent] was not negligent simply because [he/she], at
the request or direction of [name of defendant], worked at a dangerous
job, or in a dangerous place, or under dangerous conditions.
New September 2003
Sources and Authority
• “In Joyce v. Atlantic Richfield Co., 651 F.2d 676, 683 (10th Cir. 1981), this
court held that when the evidence could support either contributory negligence
or assumption of the risk, instructions which only define contributory
negligence are not sufficient to prevent the jury from applying assumption of
the risk. The court held the jury instructions should also include the following
admonition: ‘You may not find contributory negligence on the part of the
plaintiff, however, simply because he acceded to the request or direction of the
responsible representatives of his employer that he work at a dangerous job, or
in a dangerous place, or under unsafe conditions.’ The same instruction has
been held sufficient by other circuits.” (Sauer v. Burlington Northern Railroad
Co. (10th Cir. 1996) 106 F.3d 1490, 1493, internal citation omitted.)
• “[I]f no evidence of impermissible assumption of risk has reached the jury, a
correct instruction on contributory negligence will do. However, if, either
because of evidence introduced at trial or because of statements made by
counsel in opening or closing arguments, there is a risk that the implied consent
theory of assumption of the risk seeped its way into the case, the jury should be
instructed that it ‘may not find contributory negligence on the part of the
plaintiff . . . simply because he acceded to the request or direction of the
responsible representatives of his employer that he work at a dangerous job, or
in a dangerous place, or under unsafe conditions.’ ” (Fashauer v. New Jersey
Transit Rail Operations, Inc. (3d Cir. 1995) 57 F.3d 1269, 1280.)
Secondary Sources
42 California Forms of Pleading and Practice, Ch. 485, Railroads, § 485.35
(Matthew Bender)
2906–2919. Reserved for Future Use
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