California Civil Jury Instructions (CACI) (2017)

VF-402. Negligence—Fault of Plaintiff and Others at Issue

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VF-402.Negligence—Fault of Plaintiff and Others at Issue
We answer the questions submitted to us as follows:
1. Was [name of first defendant] negligent?
1. Yes No
1. Was [name of second defendant] negligent?
1. Yes No
1. [Repeat as necessary for other defendants.]
1. If you answered yes for any defendant in question 1, then answer
question 2 for that defendant. If you answered no for any
defendant in question 1, insert the number zero next to that
defendant’s name in question 8. If you answered no for all
defendants in question 1, stop here, answer no further questions,
and have the presiding juror sign and date this form.
2. For each defendant that received a “yes” answer in question 1,
answer the following:
2. Was [name of first defendant]’s negligence a substantial factor in
causing harm to [name of plaintiff]?
2. Yes No
2. Was [name of second defendant]’s negligence a substantial factor
in causing harm to [name of plaintiff]?
2. Yes No
2. [Repeat as necessary for other defendants.]
2. If you answered yes for any defendant in question 2, then answer
question 3. If you answered no for any defendant in question 2,
insert the number zero next to that defendant’s name in question
8. If you did not answer yes for any defendant in question 2,
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] or
others.
[a. Past economic loss
[lost earnings $ ]
[lost profits $ ]
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[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 $
3. 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?
4. Yes No
4. If your answer to question 4 is yes, then answer question 5. If
you answered no, insert the number zero next to [name of
plaintiff]’s name in question 8, skip question 5, and answer
question 6.
5. Was [name of plaintiff]’s negligence a substantial factor in
causing [his/her] harm?
5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If
you answered no, insert the number zero next to [name of
plaintiff]’s name in question 8 and answer question 6.
6. Was [name/description of first nonparty] negligent?
6. Yes No
6. Was [name/description of second nonparty] negligent?
6. Yes No
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6. [Repeat as necessary for other nonparties.]
6. If you answered yes for any person in question 6, then answer
question 7 for that person. If you answered no for any person in
question 6, insert the number zero next to that person’s name in
question 8. If you answered no for all persons in question 6, skip
question 7 and answer question 8.
7. For each person who received a “yes” answer in question 6,
answer the following:
7. Was [name/description of first nonparty]’s negligence a substantial
factor in causing harm to [name of plaintiff]?
7. Yes No
7. Was [name/description of second nonparty]’s negligence a
substantial factor in causing harm to [name of plaintiff]?
7. Yes No
7. [Repeat as necessary for other nonparties.]
7. If you answered yes for any person in question 7, then answer
question 8. If you answered no for any person in question 7, then
insert the number zero next to that person’s name in question 8
and answer question 8.
8. What percentage of responsibility for [name of plaintiff]’s harm
do you assign to the following? Insert a percentage for only those
who received “yes” answers in questions 2, 5, or 7:
[Name of first defendant]: %
[Name of second defendant]: %
[Name of plaintiff]: %
[Name/description of first non-
party]: %
[Name/description of second
nonparty]: %
TOTAL 100 %
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
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verdict in the courtroom.
New September 2003; Revised April 2007, December 2009, December 2010, June
2014, December 2016
Directions for Use
This verdict form is based on CACI No. 400, Negligence—Essential Factual
Elements, CACI No. 405, Comparative Fault of Plaintiff, and CACI No. 406,
Apportionment of Responsibility.
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 3. The breakdown is optional depending on the circumstances.
This verdict form is designed for a single plaintiff, multiple defendants, and
multiple nonparties who are alleged to have been negligent. If there are multiple
plaintiffs, consider preparing a separate verdict form for each. If a coplaintiff is
alleged to have been negligent and that coplaintiff’s negligence is alleged to have
harmed the plaintiff, treat the allegedly negligent coplaintiff as a nonparty in
questions 6 and 7 and add his or her name to the list of contributing persons in
question 8 of the plaintiff’s verdict form.
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.
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