California Civil Jury Instructions (CACI) (2017)

VF-406. Negligence—Sale of Alcoholic Beverages to Obviously Intoxicated Minor

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VF-406.Negligence—Providing Alcoholic Beverages to Obviously
Intoxicated Minor
We answer the questions submitted to us as follows:
1. [Was [name of defendant] [required to be] licensed to sell
alcoholic beverages?]
1. [or]
1. [Was [name of defendant] authorized by the federal government
to sell alcoholic beverages on a military base or other federal
enclave?]
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] [sell/ give] alcoholic beverages to [name
of alleged minor]?
2. Yes No]
2. [or]
2. [Did [name of defendant] cause alcoholic beverages to be [sold/
given away] to [name of alleged minor]?]
2. Yes No]
2. If your answer to either option for question 2 is yes, then answer
question 3. If you answered no to both options, stop here, answer
no further questions, and have the presiding juror sign and date
this form.
3. Was [name of alleged minor] less than 21 years old at the time?
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.
4. When [name of defendant] provided the alcoholic beverages, did
[name of alleged minor] display symptoms that would lead a
reasonable person to conclude that [name of alleged minor] was
obviously intoxicated?
4. Yes No
4. If your answer to question 4 is yes, then answer question 5. If
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you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
5. Did [name of alleged minor] later harm [name of plaintiff]?
5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
6. Was [name of defendant]’s [selling/giving] alcoholic beverages to
[name of alleged minor] a substantial factor in causing [name of
plaintiff]’s harm?
6. Yes No
6. If your answer to question 6 is yes, then answer question 7. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
7. 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
VF-406 NEGLIGENCE
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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 2009, December 2010,
December 2014, December 2016
Directions for Use
This verdict form is based on CACI No. 422, Providing Alcoholic Beverages to
Obviously Intoxicated Minors.
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.
Omit question 1 if the defendant is a person such as a social host who, though not
required to be licensed, sells alcohol to an obviously intoxicated minor. (See
Ennabe v. Manosa (2014) 58 Cal.4th 697, 711 [168 Cal.Rptr.3d 440, 319 P.3d
201].)
If specificity is not required, users do not have to itemize all the damages listed in
question 7. The breakdown 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 comparative fault of the plaintiff is an issue, this form should be modified.
See CACI No. VF-401, Negligence—Single Defendant—Plaintiff’s Negligence at
Issue—Fault of Others Not at Issue, for a model form involving the issue of
comparative fault.
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.
NEGLIGENCE VF-406
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