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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
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Case Number: CGC-11-515542
Filing Date: Jun-24-2015 2:00
Filed by: CLARK BANAYAD
Juke Box: 001 Image: 04968188
JURY INSTRUCTIONS
IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al
001004968188
Instructions:
Please place this sheet on top of the document to be scanned.F
i rt of California
Seetingy &. San Francisco
JUN 242015
SUPERIOR COURT OF CALIFORNIA
County Of San Francisco CLERK OF eS URT
ey Députy Clerk
DEPARTMENT 608 ~
IDA CRISTINA CRUZ FUA, Case Number: CGC-11-515542
Plaintiff(s)
vs.
JOEL ENRIQUE ANDINO SANCHEZ;
YELLOW CAB COOPERATIVE, INC.., et al.
Defendant(s)
JURY INSTRUCTIONS GIVEN
Jury Instructions GivenSUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
IDA FUA, ) Case No, CGC-11-515542
)
Plaintiff, )
)
vs. ) JURY INSTRUCTIONS
)
JOEL SANCHEZ, TAXI EQUIPMENT __)
LEASING, LLC and YELLOW CAB )
COOPERATIVE, INC., )
)
Defendants. )
)
Fua vs. Sanchez, et al..
Case No. CGC-11-515542
Jury Instructions© °
5000. Duties of the Judge and Jury
Members of the jury, you have now heard all the evidence and the closing arguments of the
attorneys. It is my duty to instruct you on the law that applies to this case. You must follow
these instructions as well as those that I previously gave you. You will have a copy of my
instructions with you when you go to the jury room to deliberate.
You must decide what the facts are. You must consider all the evidence and then decide what
you think happened. You must decide the facts based on the evidence admitted in this trial.
Do not allow anything that happens outside this courtroom to affect your decision. Do not talk
about this case or the people involved in it with anyone, including family and persons living in
your household, friends and coworkers, spiritual leaders, advisors, or therapists. Do not do any
research on your own or as a group. Do not use dictionaries or other reference materials.
These prohibitions on communications and research extend to all forms of electronic
communications. Do not use any electronic devices or media, such as a cell phone or smart
phone, PDA, computer, tablet device, the Internet, any Internet service, any text or instant-
messaging service, any Internet chat room, blog, or website, including social networking
websites or online diaries, to send or receive any information to or from anyone about this case
or your experience as a juror until after you have been discharged from your jury duty.
Do not investigate the case or conduct any experiments. Do not contact anyone to assist you,
such as a family accountant, doctor, or lawyer. Do not visit or view the scene of any event
involved in this case. If you happen to pass by the scene, do not stop or investigate. All jurors
must see or hear the same evidence at the same time. You must not let bias, sympathy,
prejudice, or public opinion influence your decision.
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If you violate any of these prohibitions on communications and research, including prohibitions
on electronic communications and research, you may be held in contempt of court or face other
sanctions. That means that you may have to serve time in jail, pay a fine, or face other
punishment for that violation.
I will now tell you the law that you must follow to reach your verdict. You must follow the law
exactly as I give it to you, even if you disagree with it. If the attorneys have said anything
different about what the law means, you must follow what I say.
In reaching your verdict, do not guess what I think your verdict should be from something I
may have said or done.
Pay careful attention to all the instructions that I give you. All the instructions are important
because together they state the law that you will use in this case. You must consider all of the
instructions together.
After you have decided what the facts are, you may find that some instructions do not apply. In
that case, follow the instructions that do apply and use them together with the facts to reach
your verdict.
If I repeat any ideas or rules of law during my instructions, that does not mean that these ideas
or rules are more important than the others. In addition, the order in which the instructions are
given does not make any difference.
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5001. Insurance
‘You must not consider whether any of the parties in this case has liability insurance. The
presence or absence of liability insurance is totally irrelevant. You must decide this case based
only on the law and the evidence.
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5002. Evidence
You must decide what the facts are in this case only from the evidence you have seen or heard
during the trial, including any exhibits that I admit into evidence. Sworn testimony, documents,
or anything else may be admitted into evidence. You may not consider as evidence anything
that you saw or heard when court was not in session, even something done or said by one of the
parties, attorneys, or witnesses.
What the attorneys say during the trial is not evidence. In their opening statements and closing
arguments, the attorneys talk to you about the law and the evidence. What the lawyers say may
help you understand the law and the evidence, but their statements and arguments are not
evidence.
The attorneys’ questions are not evidence. Only the witnesses’ answers are evidence. You
should not think that something is true just because an attorney’s question suggested that it was
true.
Each side had the right to object to evidence offered by the other side. If I sustained an
objection to a question, ignore the question and do not guess as to why I sustained the
objection. If the witness did not answer, you must not guess what he or she might have said. If
the witness already answered, you must ignore the answer.
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5003. Witnesses
A witness is a person who has knowledge related to this case. You will have to decide whether
you believe each witness and how important each witness’s testimony is to the case. You may
believe all, part, or none of a witness's testimony.
In deciding whether to believe a witness's testimony, you may consider, among other factors,
the following:
(a) How well did the witness see, hear, or otherwise sense what he or she described in
court?
(b) How well did the witness remember and describe what happened?
(c) How did the witness look, act, and speak while testifying?
(d) Did the witness have any reason to say something that was not true? For example,
did the witness show any bias or prejudice or have a personal relationship with
any of the parties involved in the case or have a personal stake in how this case is
decided?
(e) | What was the witness's attitude toward this case or about giving testimony?
Sometimes a witness may say something that is not consistent with something else he or she
said. Sometimes different witnesses will give different versions of what happened. People often
forget things or make mistakes in what they remember. Also, two people may see the same
event but remember it differently. You may consider these differences, but do not decide that
testimony is untrue just because it differs from other testimony.
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However, if you decide that a witness deliberately testified untruthfully about something
important, you may choose not to believe anything that witness said. On the other hand, if you
think the witness testified untruthfully about some things but told the truth about others, you
may accept the part you think is true and ignore the rest.
Do not make any decision simply because there were more witnesses on one side than on the
other. If you believe it is true, the testimony of a single witness is enough to prove a fact.
You must not be biased against any witness because of his or her disability, gender, race,
religion, ethnicity, sexual orientation, age, national origin, or socioeconomic status.
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5005. Multiple Parties
There are various defendants in this trial. You should decide the case against each defendant
separately as if it were a separate lawsuit. Each defendant is entitled to separate consideration
of his or her own defenses.
Unless I tell you otherwise, all instructions apply to each plaintiff and defendant
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5006. Nonperson Party
YELLOW CAB COOPERATIVE, INC.; a corporation, and TAXI EQUIPMENT LEASING,
LLC; a corporation, are parties in this lawsuit. YELLOW CAB COOPERATIVE, INC. and
TAXI EQUIPMENT LEASING, LLC, are entitled to the same fair and impartial treatment that
you would give to an individual. You must decide this case with the same fairness that you
would use if you were deciding the case between individuals.
When I use words like “person” or “he” or “she” in these instructions to refer to a party, those
instructions also apply to YELLOW CAB COOPERATIVE, INC., and TAXI EQUIPMENT
LEASING, LLC.
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5010. Taking Notes During the Trial
If you have taken notes during the trial you may take your notebooks with you into the jury
room.
You may use your notes only to help you remember what happened during the trial. Your
independent recollection of the evidence should govern your verdict. You should not allow
yourself to be influenced by the notes of other jurors if those notes differ from what you
remember.
At the end of the trial, your notes will be collected and destroyed.
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5011. Reading Back of Trial Testimony in Jury Room
You may request in writing that trial testimony be read to you. I will have the court reporter
read the testimony to you. You may request that all or a part of a witness’s testimony be read.
Your request should be as specific as possible. It will be helpful if you can state:
1. The name of the witness;
2. The subject of the testimony you would like to have read; and
3. The name of the attorney or attorneys asking the questions when the testimony
was given.
The court reporter is not permitted to talk with you when she or he is reading the testimony you
have requested.
While the court reporter is reading the testimony, you may not deliberate or discuss the case.
You may not ask the court reporter to read testimony that was not specifically mentioned in a
written request. If your notes differ from the testimony, you must accept the court reporter’s
record as accurate.
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5020. Demonstrative Evidence
During the trial, materials have been shown to you to help explain testimony or other evidence
in the case. Some of these materials have been admitted into evidence, and you will be able to
review them during your deliberations.
Other materials have also been shown to you during the trial, but they have not been admitted
into evidence. You will not be able to review them during your deliberations because they are
not themselves evidence or proof of any facts. You may, however, consider the testimony given
in connection with those materials.
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200. Obligation to Prove—More Likely True Than Not True
A party must persuade you, by the evidence presented in court, that what he or she is required
to prove is more likely to be true than not true. This is referred to as "the burden of proof."
After weighing all of the evidence, if you cannot decide that something is more likely to be true
than not true, you must conclude that the party did not prove it. You should consider all the
evidence, no matter which party produced the evidence.
In criminal trials, the prosecution must prove that the defendant is guilty beyond a reasonable
doubt. But in civil trials, such as this one, the party who is required to prove something need
prove only that it is more likely to be true than not true.
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202. Direct and Indirect Evidence
Evidence can come in many forms. It can be testimony about what someone saw or heard or
smelled. It can be an exhibit admitted into evidence. It can be someone's opinion.
Direct evidence can prove a fact by itself. For example, if a witness testifies she saw a jet plane
flying across the sky, that testimony is direct evidence that a plane flew across the sky. Some
evidence proves a fact indirectly. For example, a witness testifies that he saw only the white
trail that jet planes often leave. This indirect evidence is sometimes referred to as
“circumstantial evidence.” In either instance, the witness’s testimony is evidence that a jet
plane flew across the sky.
As far as the law is concerned, it makes no difference whether evidence is direct or indirect.
You may choose to believe or disbelieve either kind. Whether it is direct or indirect, you should
give every piece of evidence whatever weight you think it deserves.
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203. Party Having Power to Produce Better Evidence
You may consider the ability of each party to provide evidence. If a party provided weaker
evidence when it could have provided stronger evidence, you may distrust the weaker evidence.
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205. Failure to Explain or Deny Evidence
If a party failed to explain or deny evidence against it when it could reasonably be expected to
have done so based on what it knew, you may consider its failure to explain or deny in
evaluating that evidence.
It is up to you to decide the meaning and importance of the failure to explain or deny evidence
against the party.
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208. Deposition as Substantive Evidence
During the trial, you received deposition testimony that was read from the deposition transcript
and/or shown by video. A deposition is the testimony of a person taken before trial. At a
deposition the person is sworn to tell the truth and is questioned by the attorneys. You must
consider the deposition testimony that was presented to you in the same way as you consider
testimony given in court.
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212. Statements of a Party Opponent
A party may offer into evidence any oral or written statement made by an opposing party
outside the courtroom.
When you evaluate evidence of such a statement, you must consider these questions:
1. Do you believe that the party actually made the statement? If you do not believe that the
party made the statement, you may not consider the statement at all.
2. If you believe that the statement was made, do you believe it was reported accurately?
You should view testimony about an oral statement made by a party outside the courtroom with
caution.
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219, Expert Witness Testimony
During the trial you heard testimony from expert witnesses. The law allows an expert to state
opinions about matters in his or her field of expertise even if he or she has not witnessed any of
the events involved in the trial.
You do not have to accept an expert’s opinion. As with any other witness, it is up to you to
decide whether you believe the expert’s testimony and choose to use it as a basis for your
decision. You may believe all, part, or none of an expert’s testimony. In deciding whether to
believe an expert’s testimony, you should consider:
1. The expert’s training and experience;
2. The facts the expert relied on; and
3. The reasons for the expert’s opinion.
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220. Experts—Questions Containing Assumed Facts
The law allows expert witnesses to be asked questions that are based on assumed facts. These
are sometimes called “hypothetical questions.”
In determining the weight to give to the expert’s opinion that is based on the assumed facts, you
should consider whether the assumed facts are true.
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221. Conflicting Expert Testimony
If the expert witnesses disagreed with one another, you should weigh each opinion against the
others. You should examine the reasons given for each opinion and the facts or other matters
that each witness relied on. You may also compare the experts’ qualifications.
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223. Opinion Testimony of Lay Witness
A witness who was not testifying as an expert gave an opinion during the trial. You may, but
are not required to, accept that opinion. You may give the opinion whatever weight you think is
appropriate.
Consider the extent of the witness’s opportunity to perceive the matters on which the opinion is
based, the reasons the witness gave for the opinion, and the facts or information on which the
witness relied in forming that opinion. You must decide whether information on which the
witness relied was true and accurate. You may disregard all or any part of an opinion that you
find unbelievable, unreasonable, or unsupported by the evidence.
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400. Negligence—Essential Factual Elements
Plaintiff IDA FUA claims that she was harmed by Defendant JOEL SANCHEZ’s negligence.
To establish this claim, Plaintiff must prove all of the following:
1. That Defendant JOEL SANCHEZ was negligent;
2. That Plaintiff was harmed; and
3. That Defendant JOEL SANCHEZ’s negligence was a substantial factor in causing
Plaintiffs harm.
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401. Basic Standard of Care
Negligence is the failure to use reasonable care to prevent harm to oneself or to others.
A person can be negligent by acting or by failing to act. A person is negligent if he or she does
something that a reasonably careful person would not do in the same situation or fails to do
something that a reasonably careful person would do in the same situation.
You must decide how a reasonably careful person would have acted in Plaintiff IDA FUA’s
and Defendant JOEL SANCHEZ’s situations.
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405. Comparative Fault of Plaintiff
Defendants YELLOW CAB COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT
LEASING, LLC claim that Plaintiff IDA FUA’s own negligence contributed to her harm. To
succeed on this claim, Defendants must prove both of the following:
1. That Plaintiff was negligent; and
2. That Plaintiff's negligence was a substantial factor in causing her harm.
If Defendants prove the above, Plaintiff's damages are reduced by your determination of the
percentage of Plaintiffs responsibility. 1 will calculate the actual reduction.
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430. Causation: Substantial Factor
A substantial factor in causing harm is a factor that a reasonable person would consider to have
contributed to the harm. It must be more than a remote or trivial factor. It does not have to be
the only cause of the harm.
Conduct is not a substantial factor in causing harm if the same harm would have occurred
without that conduct.
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700. Basic Standard of Care
A person must use reasonable care in driving a vehicle. Drivers must keep a lookout for
pedestrians, obstacles, and other vehicles. They must also control the speed and movement of
their vehicles. The failure to use reasonable care in driving a vehicle is negligence.
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706. Basic Speed Law (Veh. Code, § 22350)
A person must drive at a reasonable speed. Whether a particular speed is reasonable depends on
the circumstances such as traffic, weather, visibility, and road conditions. Drivers must not
drive so fast that they create a danger to people or property.
If IDA FUA has proved that JOEL SANCHEZ was not driving at a reasonable speed at the time
of the accident, then JOEL SANCHEZ was negligent.
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707. Speed Limit (Veh. Code, § 22352)
The speed limit where the accident occurred was 65 miles per hour.
The speed limit is a factor to consider when you decide whether or not JOEL SANCHEZ was
negligent. A driver is not necessarily negligent just because he or she was driving faster than
the speed limit. However, a driver may be negligent even if he or she was driving at or below
the speed limit.
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712. Affirmative Defense—Failure to Wear a Seat Belt
Defendants YELLOW CAB COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT
LEASING, LLC, claim that Plaintiff IDA FUA was negligent because she failed to wear a seat
belt. To succeed, Defendants must prove all of the following:
1. That a working seatbelt was available;
2. That a reasonably careful person in Plaintiff's situation would have used the seat
belt;
3. That Plaintiff failed to wear a seat belt; and
4. That Plaintiff's injuries would have been less if she had used the seat belt.
California Vehicle Code section 27315 states as follows:
(1) A taxi driver shall not transport a passenger on a highway unless and until that passenger is
properly restrained by a safety belt.
(2) A person 16 years of age or over shall not be a passenger in a motor vehicle on a highway
unless that person is properly restrained by a safety belt.
Defendants YELLOW CAB COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT
LEASING, LLC admit that Plaintiff IDA FUA was never instructed by them to wear a safety
belt.
Plaintiff IDA FUA admits that she did not use a safety belt.
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720. Motor Vehicle Owner Liability—Permissive Use of Vehicle
Plaintiff IDA FUA claims that she was harmed and that Defendant TAXI EQUIPMENT
LEASING, LLC is responsible for the harm because it gave JOEL SANCHEZ permission to
operate the vehicle. To establish this claim, Plaintiff must prove all of the following:
1. That JOEL SANCHEZ was negligent in operating the vehicle;
2. That Defendant was the owner of the vehicle at the time of the injury to Plaintiff;
and
3. That Defendant, by words or conduct, gave permission to JOEL SANCHEZ to
use the vehicle.
In determining whether permission was given, you may consider the relationship between the
owner and the operator. For example, if the parties are related or the owner and the operator are
employer and employee, such a relationship may support a finding that there was implied
permission to use the vehicle.
If the vehicle owner has given a person permission to use the vehicle, and that person
authorizes a third person to operate the vehicle, the third person may be considered to have
used the vehicle with the permission of the owner.
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900. Introductory Instruction
Plaintiff IDA FUA claims that she was harmed by Defendant JOEL SANCHEZ's negligence
while Plaintiff was a passenger in Defendant YELLOW CAB COOPERATIVE INC.’s vehicle.
Plaintiff also claims that Defendant YELLOW CAB COOPERATIVE, INC. was a common
carrier at the time of the incident.
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901. Status of Common Carrier Disputed
To prove that Defendant YELLOW CAB COOPERATIVE, INC. was a common carrier,
Plaintiff IDA FUA must prove that Defendant was in the business of transporting the general
public.
In deciding this issue, you may consider if any of the following factors apply. These factors
suggest that a carrier is a common carrier:
(a), The carrier maintains a regular place of business for the purpose of transporting
passengers.
(b) The carrier advertises its services to the general public.
(c) The carrier charges standard fees for its services.
A carrier can be a common carrier even if it does not have a regular schedule of departures, a
fixed route, or a transportation license.
If you find that Defendant was not a common carrier, then Defendant did not have the duty of a
common carrier, only a duty of ordinary care.
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902. Duty of Common Carrier
Common carriers must carry passengers safely. Common carriers must use the highest care and
the vigilance of a very cautious person. They must do all that human care, vigilance, and
foresight reasonably can do under the circumstances to avoid harm to passengers.
While a common carrier does not guarantee the safety of its passengers, it must use reasonable
skill to provide everything necessary for safe transportation, in view of the transportation used
and the practical operation of the business.
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906. Duty of Passenger for Own Safety
While a common carrier must use the highest care for its passengers’ safety, passengers need
only use reasonable care for their own safety.
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3700. Introduction
A corporation is responsible for harm caused by the wrongful conduct of its employees and
ostensible employees while acting within the scope of their authority.
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3701. Tort Liability Asserted Against Principal—Essential Factual Elements
IDA FUA claims that she was harmed by JOEL SANCHEZ’s negligence.
IDA FUA also claims that Defendant YELLOW CAB COOPERATIVE, INC. is responsible
for the harm because JOEL SANCHEZ was acting as its employee when the incident occurred.
If you find that JOEL SANCHEZ’s negligence harmed IDA FUA, then you must decide
whether Defendant YELLOW CAB COOPERATIVE, INC. is responsible for the harm.
Defendant YELLOW CAB COOPERATIVE, INC. is responsible if IDA FUA or JOEL
SANCHEZ proves both of the following:
1. That JOEL SANCHEZ was Defendant’s employee; and
2. That JOEL SANCHEZ was acting within the scope of his employment when he
harmed IDA FUA.
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3704 Existence of “Employee” Status Disputed
Ida Cristina Fua claims that Joel Sanchez was Yellow Cab Cooperative, Inc. and Taxi
Equipment Leasing, LLC’s employee. Joel Sanchez also claims that he was Yellow Cab
Cooperative, Inc. and Taxi Equipment Leasing, LLC’s employee.
In deciding whether Joel Sanchez was Yellow Cab Cooperative, Inc. and Taxi Equipment
Leasing, LLC’s employee, the most important factor is whether Yellow Cab Cooperative, Inc.
and Taxi Equipment Leasing, LLC had the right to control how Joel Sanchez performed the
work, rather than just the right to specify the result. It does not matter whether Yellow Cab
Cooperative, Inc. and Taxi Equipment Leasing, LLC exercised the right to control. You may
not consider Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC’s enforcement of
San Francisco Municipal Transportation Agency regulations as evidence of Yellow Cab
Cooperative, Inc. and Taxi Equipment Leasing, LLC’s right to control how Joel Sanchez
performed his work.
In addition to the right of control, you must also consider all of the circumstances in deciding
whether Joel Sanchez was Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC’s
employee. The following factors, if true, may show that Joel Sanchez was the employee of
Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC:
(a) Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC supplied the equipment,
tools, and place of work. However, you may not consider the equipment, tools or the place of
work supplied by Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC as
indications of employment, where those equipment, tools and work location are required by the
San Francisco Municipal Transportation Agency;
(b) Joel Sanchez was paid by the hour rather than by the job;
(c) The work being done by Joel Sanchez was part of the regular business of Yellow Cab
Cooperative, Inc. and Taxi Equipment Leasing, LLC.
(d) Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC had an unlimited right to
end the relationship with Joel Sanchez;
(e) The work being done by Joel Sanchez was his only occupation or business;
(f) The kind of work performed by Joel Sanchez is usually done under the direction of a
supervisor rather than by a specialist working without supervision;
(g) The kind of work performed by Joel Sanchez does not require specialized or professional
skill;
(h) The services performed by Joel Sanchez were to be performed over a long period of time;
and
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(i) Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC and Joel Sanchez acted as
if they had an employer-employee relationship.
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3709. Ostensible Employee
Plaintiff IDA FUA claims that Defendants are responsible for JOEL SANCHEZ’s conduct
because he was Defendants YELLOW CAB COOPERATIVE, INC.’s apparent employee. To
establish this claim, Plaintiff must prove all of the following:
1. That Defendant YELLOW CAB COOPERATIVE, INC. intentionally or
carelessly created the impression that JOEL SANCHEZ was Defendant
YELLOW CAB COOPERATIVE, INC. employee;
2. That Plaintiff reasonably believed that JOEL SANCHEZ was Defendant
YELLOW CAB COOPERATIVE, INC.’s employee; and
3. That Plaintiff was harmed because she reasonably relied on her belief.
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3720. Scope of Employment
Plaintiff IDA FUA must prove that JOEL SANCHEZ was acting within the scope of his
employment when Plaintiff was harmed.
Conduct is within the scope of employment if:
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It is reasonably related to the kinds of tasks that the employee was employed to
perform; or
Is reasonably foreseeable in light of the employer's business or the employee's job
responsibilities.
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3900. Introduction to Tort Damages—Liability Contested
If you decide that Plaintiff IDA FUA has proved her claim against Defendants YELLOW CAB
COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT LEASING, LLC, you also
must decide how much money will reasonably compensate Plaintiff for the harm. This
compensation is called “damages.”
The amount of damages must include an award for each item of harm that was caused by
Defendants’ wrongful conduct, even if the particular harm could not have been anticipated.
Plaintiff does not have to prove the exact amount of damages that will provide reasonable
compensation for the harm. However, you must not speculate or guess in awarding damages.
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3902. Economic and Noneconomic Damages
The damages claimed by Plaintiff IDA FUA for the harm caused by Defendants YELLOW
CAB COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT LEASING, LLC fall
into two categories called economic damages and non-economic damages. You will be asked
on the verdict form to state the two categories of damages separately.
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3903. Items of Economic Damage
The following are the specific items of economic damages claimed by Plaintiff IDA FUA:
a. Past Economic Loss
Lost Earnings
Medical Expenses
b. Future Economic Loss
Lost Earnings/ Lost Earning Capacity
Medical Expenses
Attendant/Companion Care
47
Request for Jury Instructions© °
3903A. Medical Expenses—Past and Future (Economic Damage)
1. Past and future medical expenses.
To recover damages for past medical expenses, Plaintiff IDA FUA must prove the reasonable
cost of reasonably necessary medical care that she has received.
To recover damages for future medical expenses, Plaintiff must prove the reasonable cost of
reasonably necessary medical care that she is reasonably certain to need in the future.
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Request for Jury Instructions© 9°
3903C. Past and Future Lost Earnings (Economic Damage)
2. Past and future lost earnings.
To recover damages for past lost earnings, Plaintiff IDA FUA must prove the amount of
income, earnings, salary, and wages that she has lost to date.
To recover damages for future lost earnings, Plaintiff must prove the amount of income,
earnings, salary, and wages she will be reasonably certain to lose in the future as a result of the
injury.
49
Request for Jury Instructions© 3°
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3903D. Lost Earning Capacity (Economic Damage)
The loss of Plaintiff IDA FUA’s ability to earn money.
To recover damages for the loss of the ability to earn money as a result of the injury, Plaintiff
must prove the reasonable value of that loss to her. It is not necessary that she have a work
history.
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3904A. Present Cash Value
If you decide that Plaintiff IDA FUA’s harm includes future economic damages for loss of
earnings and future medical expenses, then the amount of those future damages must be
reduced to their present cash value. This is necessary because money received now will,
through investment, grow to a larger amount in the future. Defendants YELLOW CAB
COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT LEASING, LLC must prove
the amount by which future damages should be reduced to present value.
To find present cash value, you must determine the amount of money that, if reasonably
invested today, will provide Plaintiff with the amount of her future damages.
You may consider expert testimony in determining the present cash value of future economic
damages.
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3905. Items of Noneconomic Damage
The following are the specific items of noneconomic damages claimed by Plaintiff IDA FUA:
Physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment,
inconvenience, grief, anxiety, humiliation, and emotional distress
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3905A. Physical Pain, Mental Suffering, and Emotional Distress (Noneconomic Damage)
1. Past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement,
physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress.
No fixed standard exists for deciding the amount of these noneconomic damages. You must use
your judgment to decide a reasonable amount based on the evidence and your common sense.
To recover for future physical pain, mental suffering, loss of enjoyment of life, disfigurement,
physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress,
Plaintiff IDA FUA must prove that she is reasonably certain to suffer that harm.
For future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical
impairment, inconvenience, grief, anxiety, humiliation, and emotional distress, determine the
amount in current dollars paid at the time of judgment that will compensate Plaintiff for future
physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment,
inconvenience, grief, anxiety, humiliation, and emotional distress. This amount of
noneconomic damages should not be further reduced to present cash value because that
reduction should only be performed with respect to economic damages.
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3924. No Punitive Damages
You must not include in your award any damages to punish or make an example of Defendants
YELLOW CAB COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT LEASING,
LLC. Such damages would be punitive damages, and they cannot be a part of your verdict. You
must award only the damages that fairly compensate Plaintiff IDA FUA for her loss.
54
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3925. Arguments of Counsel Not Evidence of Damages
The arguments of the attorneys are not evidence of damages. Your award must be based on
your reasoned judgment applied to the testimony of the witnesses and the other evidence that
has been admitted during trial.
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3930. Mitigation of Damages (Personal Injury)
If you decide Defendants are responsible for the original harm, Plaintiff IDA FUA is not
entitled to recover damages for harm that Defendants prove Plaintiff IDA FUA could have
avoided with reasonable efforts or expenditures.
You should consider the reasonableness of Plaintiff IDA FUA’s efforts in light of the
circumstances facing her at the time, including her ability to make the efforts or expenditures
without undue risk or hardship.
If Plaintiff IDA FUA made reasonable efforts to avoid harm, then your award should include
reasonable amounts that she spent for this purpose.
56
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3932. Life Expectancy
If you decide Plaintiff IDA FUA has suffered damages that will continue for the rest of her life,
you must determine how long she will probably live.
In deciding a person’s life expectancy, you should consider, among other factors, that person’s
health, habits, activities, lifestyle, and occupation.
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3961. Duty to Mitigate Damages for Past and Future Damages _
Ida Fua is not entitled to recover damages for economic losses that Joel Sanchez, Yellow Cab
Cooperative, Inc., and Taxi Equipment Leasing LLC prove Ida Fua could have avoided by
returning to gainful employment as soon as it was reasonable for her to do so.
To calculate the amount of damages you must:
1, Determine the amount Ida Fua would have earned had she not been injured; and
2. Subtract the amount Ida Fua could have earned in the past and is reasonably able to ,
earn in the future by returning to gainful employment.
The resulting amount is Ida Fua's damages for lost earnings.
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5012. Introduction to Special Verdict Form
I will give you a verdict form with questions you must answer. I have already instructed you on
the law that you are to use in answering these questions. You must follow my instructions and
the form carefully. You must consider each question separately. Although you may discuss the
evidence and the issues to be decided in any order, you must answer the questions on the
verdict form in the order they appear. After you answer a question, the form tells you what to
do next. At least 9 of you must agree on an answer before you can move on to the next
question. However, the same 9 or more people do not have to agree on each answer.
All 12 of you must deliberate on and answer each question regardless of how you voted on any
earlier question. Unless the verdict form tells all 12 jurors to stop and answer no further
questions, every juror must deliberate and vote on all of the remaining questions.
When you have finished filling out the form, your presiding juror must write the date and sign it
at the bottom and then notify the bailiff that you are ready to present your verdict in the
courtroom.© 3°
5017. Polling The Jury
After your verdict is read in open court, you may be asked individually to indicate whether the
verdict expresses your personal vote. This is referred to as “polling” the jury and is done to
ensure that at least nine jurors have agreed to each decision.
The verdict form that you will receive asks you to answer several questions. You must vote
separately on each question. Although nine or more jurors must agree on each answer, it does
not have to be the same nine for each answer. Therefore, it is important for each of you to
remember how you have voted on each question so that if the jury is polled, each of you will be
able to answer accurately about how you voted.
Each of you will be provided a draft copy of the verdict form for your use in keeping track of
your votes.
Preview
MOUNT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet dun-25-2015 2:01 pm Case Number: CGC-11-515542 Filing Date: Jun-24-2015 2:00 Filed by: CLARK BANAYAD Juke Box: 001 Image: 04968188 JURY INSTRUCTIONS IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al 001004968188 Instructions: Please place this sheet on top of the document to be scanned.F i rt of California Seetingy &. San Francisco JUN 242015 SUPERIOR COURT OF CALIFORNIA County Of San Francisco CLERK OF eS URT ey Députy Clerk DEPARTMENT 608 ~ IDA CRISTINA CRUZ FUA, Case Number: CGC-11-515542 Plaintiff(s) vs. JOEL ENRIQUE ANDINO SANCHEZ; YELLOW CAB COOPERATIVE, INC.., et al. Defendant(s) JURY INSTRUCTIONS GIVEN Jury Instructions GivenSUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO IDA FUA, ) Case No, CGC-11-515542 ) Plaintiff, ) ) vs. ) JURY INSTRUCTIONS ) JOEL SANCHEZ, TAXI EQUIPMENT __) LEASING, LLC and YELLOW CAB ) COOPERATIVE, INC., ) ) Defendants. ) ) Fua vs. Sanchez, et al.. Case No. CGC-11-515542 Jury Instructions© ° 5000. Duties of the Judge and Jury Members of the jury, you have now heard all the evidence and the closing arguments of the attorneys. It is my duty to instruct you on the law that applies to this case. You must follow these instructions as well as those that I previously gave you. You will have a copy of my instructions with you when you go to the jury room to deliberate. You must decide what the facts are. You must consider all the evidence and then decide what you think happened. You must decide the facts based on the evidence admitted in this trial. Do not allow anything that happens outside this courtroom to affect your decision. Do not talk about this case or the people involved in it with anyone, including family and persons living in your household, friends and coworkers, spiritual leaders, advisors, or therapists. Do not do any research on your own or as a group. Do not use dictionaries or other reference materials. These prohibitions on communications and research extend to all forms of electronic communications. Do not use any electronic devices or media, such as a cell phone or smart phone, PDA, computer, tablet device, the Internet, any Internet service, any text or instant- messaging service, any Internet chat room, blog, or website, including social networking websites or online diaries, to send or receive any information to or from anyone about this case or your experience as a juror until after you have been discharged from your jury duty. Do not investigate the case or conduct any experiments. Do not contact anyone to assist you, such as a family accountant, doctor, or lawyer. Do not visit or view the scene of any event involved in this case. If you happen to pass by the scene, do not stop or investigate. All jurors must see or hear the same evidence at the same time. You must not let bias, sympathy, prejudice, or public opinion influence your decision. 1 Request for Jury InstructionsSOND OB Ow NY N N Y NY N NN BD a sa a oo A “MS YW NH |= SS Ow NI DAHA BF WwW DY = SS © ° If you violate any of these prohibitions on communications and research, including prohibitions on electronic communications and research, you may be held in contempt of court or face other sanctions. That means that you may have to serve time in jail, pay a fine, or face other punishment for that violation. I will now tell you the law that you must follow to reach your verdict. You must follow the law exactly as I give it to you, even if you disagree with it. If the attorneys have said anything different about what the law means, you must follow what I say. In reaching your verdict, do not guess what I think your verdict should be from something I may have said or done. Pay careful attention to all the instructions that I give you. All the instructions are important because together they state the law that you will use in this case. You must consider all of the instructions together. After you have decided what the facts are, you may find that some instructions do not apply. In that case, follow the instructions that do apply and use them together with the facts to reach your verdict. If I repeat any ideas or rules of law during my instructions, that does not mean that these ideas or rules are more important than the others. In addition, the order in which the instructions are given does not make any difference. 2 Request for Jury InstructionsOe DB Ow OD N N NY N N N N DN BD we ee ee Oe SA AAR DYN § SF Ce AAARESHE ES 5001. Insurance ‘You must not consider whether any of the parties in this case has liability insurance. The presence or absence of liability insurance is totally irrelevant. You must decide this case based only on the law and the evidence. 3 Request for Jury InstructionsoO oO OY DA WNW FP WwW YY NY N NY N NY NN NY De ee ee ir eo oN A AB YW YN = S oO we I A A Fw NH = DS 5002. Evidence You must decide what the facts are in this case only from the evidence you have seen or heard during the trial, including any exhibits that I admit into evidence. Sworn testimony, documents, or anything else may be admitted into evidence. You may not consider as evidence anything that you saw or heard when court was not in session, even something done or said by one of the parties, attorneys, or witnesses. What the attorneys say during the trial is not evidence. In their opening statements and closing arguments, the attorneys talk to you about the law and the evidence. What the lawyers say may help you understand the law and the evidence, but their statements and arguments are not evidence. The attorneys’ questions are not evidence. Only the witnesses’ answers are evidence. You should not think that something is true just because an attorney’s question suggested that it was true. Each side had the right to object to evidence offered by the other side. If I sustained an objection to a question, ignore the question and do not guess as to why I sustained the objection. If the witness did not answer, you must not guess what he or she might have said. If the witness already answered, you must ignore the answer. 4 Request for Jury InstructionsoO ON OD ON BSB wD NY NN NY NY YN NN NY ee Be eB Be we ee ee oo AMS WN FF So mI DN BF WH HY SO 5003. Witnesses A witness is a person who has knowledge related to this case. You will have to decide whether you believe each witness and how important each witness’s testimony is to the case. You may believe all, part, or none of a witness's testimony. In deciding whether to believe a witness's testimony, you may consider, among other factors, the following: (a) How well did the witness see, hear, or otherwise sense what he or she described in court? (b) How well did the witness remember and describe what happened? (c) How did the witness look, act, and speak while testifying? (d) Did the witness have any reason to say something that was not true? For example, did the witness show any bias or prejudice or have a personal relationship with any of the parties involved in the case or have a personal stake in how this case is decided? (e) | What was the witness's attitude toward this case or about giving testimony? Sometimes a witness may say something that is not consistent with something else he or she said. Sometimes different witnesses will give different versions of what happened. People often forget things or make mistakes in what they remember. Also, two people may see the same event but remember it differently. You may consider these differences, but do not decide that testimony is untrue just because it differs from other testimony. 5 Request for Jury InstructionsOP ID HW BF WwW YH N NY NY YN NN NY Be Be Be Be Be Be ew eB BR Oo oN A WS WN HF S oO HIN A AF WY SE S © 9 However, if you decide that a witness deliberately testified untruthfully about something important, you may choose not to believe anything that witness said. On the other hand, if you think the witness testified untruthfully about some things but told the truth about others, you may accept the part you think is true and ignore the rest. Do not make any decision simply because there were more witnesses on one side than on the other. If you believe it is true, the testimony of a single witness is enough to prove a fact. You must not be biased against any witness because of his or her disability, gender, race, religion, ethnicity, sexual orientation, age, national origin, or socioeconomic status. 6 Request for Jury InstructionsoO ONY OD MN BP WwW NY NN NY NY YN NN NY SY Be Be eB Be we eB ew eB eoN AW 8 YW YN = SF Owe I AA BR WwW NH FS © ° 5005. Multiple Parties There are various defendants in this trial. You should decide the case against each defendant separately as if it were a separate lawsuit. Each defendant is entitled to separate consideration of his or her own defenses. Unless I tell you otherwise, all instructions apply to each plaintiff and defendant 7 Request for Jury InstructionsoO YD HW PB WN MN NY N NN NR KY NY Be Bee eB Be Be Be eB Bie eo YN A AS WN K& 5S Ow I DAA BR WwW NY SE SS © ° 5006. Nonperson Party YELLOW CAB COOPERATIVE, INC.; a corporation, and TAXI EQUIPMENT LEASING, LLC; a corporation, are parties in this lawsuit. YELLOW CAB COOPERATIVE, INC. and TAXI EQUIPMENT LEASING, LLC, are entitled to the same fair and impartial treatment that you would give to an individual. You must decide this case with the same fairness that you would use if you were deciding the case between individuals. When I use words like “person” or “he” or “she” in these instructions to refer to a party, those instructions also apply to YELLOW CAB COOPERATIVE, INC., and TAXI EQUIPMENT LEASING, LLC. 8 Request for Jury InstructionsOo Oe ND HW BP WwW WY | NN YN YN NNN YY S&B eB ewe we eB Be ew SIA AW SB BW NY — SS OHM NI A WA BH YN FS © ° 5010. Taking Notes During the Trial If you have taken notes during the trial you may take your notebooks with you into the jury room. You may use your notes only to help you remember what happened during the trial. Your independent recollection of the evidence should govern your verdict. You should not allow yourself to be influenced by the notes of other jurors if those notes differ from what you remember. At the end of the trial, your notes will be collected and destroyed. 9 Request for Jury Instructionsoo ND ON BP OW NY Boe eB ee ew ew TIA anEB DB DHHS 18 19) 20 21 22 23 24 25 26 27 28 © 3° 5011. Reading Back of Trial Testimony in Jury Room You may request in writing that trial testimony be read to you. I will have the court reporter read the testimony to you. You may request that all or a part of a witness’s testimony be read. Your request should be as specific as possible. It will be helpful if you can state: 1. The name of the witness; 2. The subject of the testimony you would like to have read; and 3. The name of the attorney or attorneys asking the questions when the testimony was given. The court reporter is not permitted to talk with you when she or he is reading the testimony you have requested. While the court reporter is reading the testimony, you may not deliberate or discuss the case. You may not ask the court reporter to read testimony that was not specifically mentioned in a written request. If your notes differ from the testimony, you must accept the court reporter’s record as accurate. 10 Request for Jury Instructions© 9 5020. Demonstrative Evidence During the trial, materials have been shown to you to help explain testimony or other evidence in the case. Some of these materials have been admitted into evidence, and you will be able to review them during your deliberations. Other materials have also been shown to you during the trial, but they have not been admitted into evidence. You will not be able to review them during your deliberations because they are not themselves evidence or proof of any facts. You may, however, consider the testimony given in connection with those materials. 14 Request for Jury InstructionsOo me YN DA FP WN He Nb NNN NY NNN DD Se wee Be we eB Be eB en oN AAR HN SF So eI AA Bw NH |= 5 © °o 200. Obligation to Prove—More Likely True Than Not True A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof." After weighing all of the evidence, if you cannot decide that something is more likely to be true than not true, you must conclude that the party did not prove it. You should consider all the evidence, no matter which party produced the evidence. In criminal trials, the prosecution must prove that the defendant is guilty beyond a reasonable doubt. But in civil trials, such as this one, the party who is required to prove something need prove only that it is more likely to be true than not true. 15 Request for Jury InstructionsOo Oo YN DN FB WwW NY = YPN NN NN NNN BS! BeBe eB eB we eB eB Oe NDA A FS YW YN = SF ow IDA HA PF WN HE STS © 3° 202. Direct and Indirect Evidence Evidence can come in many forms. It can be testimony about what someone saw or heard or smelled. It can be an exhibit admitted into evidence. It can be someone's opinion. Direct evidence can prove a fact by itself. For example, if a witness testifies she saw a jet plane flying across the sky, that testimony is direct evidence that a plane flew across the sky. Some evidence proves a fact indirectly. For example, a witness testifies that he saw only the white trail that jet planes often leave. This indirect evidence is sometimes referred to as “circumstantial evidence.” In either instance, the witness’s testimony is evidence that a jet plane flew across the sky. As far as the law is concerned, it makes no difference whether evidence is direct or indirect. You may choose to believe or disbelieve either kind. Whether it is direct or indirect, you should give every piece of evidence whatever weight you think it deserves. 16 Request for Jury InstructionsoO ON OD NW FP WwW NY He NR NNN NY NY NNN Be Be ewe ew eB ew ew eB ew eo YN A AW 8 YW YN | FS oO Oe N DW BF WH YE SS © 3° 203. Party Having Power to Produce Better Evidence You may consider the ability of each party to provide evidence. If a party provided weaker evidence when it could have provided stronger evidence, you may distrust the weaker evidence. 17 Request for Jury InstructionsoD NBO ON NN YN YN NNN NY Bee Bee Be eB eB eB eB eo AM SB YN SF SoS oD mI DAH FW NYY DS © ° 205. Failure to Explain or Deny Evidence If a party failed to explain or deny evidence against it when it could reasonably be expected to have done so based on what it knew, you may consider its failure to explain or deny in evaluating that evidence. It is up to you to decide the meaning and importance of the failure to explain or deny evidence against the party. 18 Request for Jury InstructionsoO eo YN DN BP WwW NY mR MN YN RN WD oe — Be oe eu AAR OK SF Fe UAaAaESE TS © 9° 208. Deposition as Substantive Evidence During the trial, you received deposition testimony that was read from the deposition transcript and/or shown by video. A deposition is the testimony of a person taken before trial. At a deposition the person is sworn to tell the truth and is questioned by the attorneys. You must consider the deposition testimony that was presented to you in the same way as you consider testimony given in court. 19 Request for Jury Instructions= Oo SO IN DA A FF WN 10 11 12 13 14 15 16 17 18 19) 20) 21 22 23 24 25 26 27 28 © ° 212. Statements of a Party Opponent A party may offer into evidence any oral or written statement made by an opposing party outside the courtroom. When you evaluate evidence of such a statement, you must consider these questions: 1. Do you believe that the party actually made the statement? If you do not believe that the party made the statement, you may not consider the statement at all. 2. If you believe that the statement was made, do you believe it was reported accurately? You should view testimony about an oral statement made by a party outside the courtroom with caution. 20 Request for Jury InstructionsOo ON OD ON BB YD NY NN YN YN NN NY SF Be Be Be Be ee we eB eo A MW 8 YW NN FS oO wey DAW BF WwW HY FE DS © 3 219, Expert Witness Testimony During the trial you heard testimony from expert witnesses. The law allows an expert to state opinions about matters in his or her field of expertise even if he or she has not witnessed any of the events involved in the trial. You do not have to accept an expert’s opinion. As with any other witness, it is up to you to decide whether you believe the expert’s testimony and choose to use it as a basis for your decision. You may believe all, part, or none of an expert’s testimony. In deciding whether to believe an expert’s testimony, you should consider: 1. The expert’s training and experience; 2. The facts the expert relied on; and 3. The reasons for the expert’s opinion. 21 Request for Jury InstructionsOe ND MW BP WN MN YN YN N KKH KY Be we Be ee Be eB eB oo os AMS YO YN SF SS oO we DA Bw NSE SS © 3° 220. Experts—Questions Containing Assumed Facts The law allows expert witnesses to be asked questions that are based on assumed facts. These are sometimes called “hypothetical questions.” In determining the weight to give to the expert’s opinion that is based on the assumed facts, you should consider whether the assumed facts are true. 22 Request for Jury InstructionsOO OND OW BP WN NN YN NN NNN BS Be Be eB Be ew Be ew ew oe oN A AB YO DN |= So we I DHA A BF WN = SF © 3° 221. Conflicting Expert Testimony If the expert witnesses disagreed with one another, you should weigh each opinion against the others. You should examine the reasons given for each opinion and the facts or other matters that each witness relied on. You may also compare the experts’ qualifications. 23 Request for Jury InstructionsoO Oe YN DW FP WY HY NN YN YN NR NY NY K— BB Be Be eB eB Be eB eo NA WB YW YN | SF Owe IA A Bw NH |S SS © . ° 223. Opinion Testimony of Lay Witness A witness who was not testifying as an expert gave an opinion during the trial. You may, but are not required to, accept that opinion. You may give the opinion whatever weight you think is appropriate. Consider the extent of the witness’s opportunity to perceive the matters on which the opinion is based, the reasons the witness gave for the opinion, and the facts or information on which the witness relied in forming that opinion. You must decide whether information on which the witness relied was true and accurate. You may disregard all or any part of an opinion that you find unbelievable, unreasonable, or unsupported by the evidence. 24 Request for Jury InstructionsOo OO DB Ow DD RYN YN NNN KN NY BB Be eB Be ewe ewe ewe Be eo NA WS OY YN | SS Oo we IN AAR wD NH FE S © 3° 400. Negligence—Essential Factual Elements Plaintiff IDA FUA claims that she was harmed by Defendant JOEL SANCHEZ’s negligence. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant JOEL SANCHEZ was negligent; 2. That Plaintiff was harmed; and 3. That Defendant JOEL SANCHEZ’s negligence was a substantial factor in causing Plaintiffs harm. 25 Request for Jury InstructionsoO Oe YN DA HW PB WwW NY HY N N NY NY NY NN DN Nee ee ee eo oN AA B® YW YN |= Ss ow IY DAWA FB WwW WH = SS © ° 401. Basic Standard of Care Negligence is the failure to use reasonable care to prevent harm to oneself or to others. A person can be negligent by acting or by failing to act. A person is negligent if he or she does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation. You must decide how a reasonably careful person would have acted in Plaintiff IDA FUA’s and Defendant JOEL SANCHEZ’s situations. 26 Request for Jury InstructionsOO YN DM FPF WwW NY N N NY NY NY NN DW DQ es eo AM SB YW YN FY S owe AY DAWN Bw NY |= Ss © ° 405. Comparative Fault of Plaintiff Defendants YELLOW CAB COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT LEASING, LLC claim that Plaintiff IDA FUA’s own negligence contributed to her harm. To succeed on this claim, Defendants must prove both of the following: 1. That Plaintiff was negligent; and 2. That Plaintiff's negligence was a substantial factor in causing her harm. If Defendants prove the above, Plaintiff's damages are reduced by your determination of the percentage of Plaintiffs responsibility. 1 will calculate the actual reduction. 27 Request for Jury InstructionsoO OD OB OW LN N NY NNN NNN eB Be Be Be we Be Be Be oo A “A Sf YN K- So we IN Dw BB wB NH KE S © ° 430. Causation: Substantial Factor A substantial factor in causing harm is a factor that a reasonable person would consider to have contributed to the harm. It must be more than a remote or trivial factor. It does not have to be the only cause of the harm. Conduct is not a substantial factor in causing harm if the same harm would have occurred without that conduct. 28 Request for Jury InstructionsoD OB Ow DY RN NY NY NN NN HY BS Be Be Be Be we Be eB eB eo A AB WN = SS Ow I DW FF WwW NY FE SS © ° 700. Basic Standard of Care A person must use reasonable care in driving a vehicle. Drivers must keep a lookout for pedestrians, obstacles, and other vehicles. They must also control the speed and movement of their vehicles. The failure to use reasonable care in driving a vehicle is negligence. 29 Request for Jury InstructionsSoD BOB OD BN NN NY NY NN KY Be BB ee ewe ew eB Bw oo A “MS YW YN = SS ow A WHA BF WN HE STS © ° 706. Basic Speed Law (Veh. Code, § 22350) A person must drive at a reasonable speed. Whether a particular speed is reasonable depends on the circumstances such as traffic, weather, visibility, and road conditions. Drivers must not drive so fast that they create a danger to people or property. If IDA FUA has proved that JOEL SANCHEZ was not driving at a reasonable speed at the time of the accident, then JOEL SANCHEZ was negligent. 30 Request for Jury InstructionsOe DBO ODN NY NN N NN NNN — Be Be Be Be Be eB Be eB 2 2 A WF BW YH = 5S © HI A WA BR WwW NF DS © ° 707. Speed Limit (Veh. Code, § 22352) The speed limit where the accident occurred was 65 miles per hour. The speed limit is a factor to consider when you decide whether or not JOEL SANCHEZ was negligent. A driver is not necessarily negligent just because he or she was driving faster than the speed limit. However, a driver may be negligent even if he or she was driving at or below the speed limit. 31 Request for Jury InstructionsOo Oo YN DA WN BF WwW NY RYN YN YN NK KY He Bee Bee Be Be ewe eo I AAS YW DYN = SF oO wm ADA WA FF WHY | S © 3° 712. Affirmative Defense—Failure to Wear a Seat Belt Defendants YELLOW CAB COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT LEASING, LLC, claim that Plaintiff IDA FUA was negligent because she failed to wear a seat belt. To succeed, Defendants must prove all of the following: 1. That a working seatbelt was available; 2. That a reasonably careful person in Plaintiff's situation would have used the seat belt; 3. That Plaintiff failed to wear a seat belt; and 4. That Plaintiff's injuries would have been less if she had used the seat belt. California Vehicle Code section 27315 states as follows: (1) A taxi driver shall not transport a passenger on a highway unless and until that passenger is properly restrained by a safety belt. (2) A person 16 years of age or over shall not be a passenger in a motor vehicle on a highway unless that person is properly restrained by a safety belt. Defendants YELLOW CAB COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT LEASING, LLC admit that Plaintiff IDA FUA was never instructed by them to wear a safety belt. Plaintiff IDA FUA admits that she did not use a safety belt. 32 Request for Jury InstructionsOe ND NW PF WN NY NY NY NY NY N DN DN Nw ee ee OR — ee eBuana®k FSF FS Feta anararnrers © 3° 720. Motor Vehicle Owner Liability—Permissive Use of Vehicle Plaintiff IDA FUA claims that she was harmed and that Defendant TAXI EQUIPMENT LEASING, LLC is responsible for the harm because it gave JOEL SANCHEZ permission to operate the vehicle. To establish this claim, Plaintiff must prove all of the following: 1. That JOEL SANCHEZ was negligent in operating the vehicle; 2. That Defendant was the owner of the vehicle at the time of the injury to Plaintiff; and 3. That Defendant, by words or conduct, gave permission to JOEL SANCHEZ to use the vehicle. In determining whether permission was given, you may consider the relationship between the owner and the operator. For example, if the parties are related or the owner and the operator are employer and employee, such a relationship may support a finding that there was implied permission to use the vehicle. If the vehicle owner has given a person permission to use the vehicle, and that person authorizes a third person to operate the vehicle, the third person may be considered to have used the vehicle with the permission of the owner. 33 Request for Jury InstructionsOo SC YD MN FF WN & YN YN YN NNN | Be Be Be Be Be Be ew Be eo oN A NS YW YN |= So mw A DW FB WBN =| SS © ° 900. Introductory Instruction Plaintiff IDA FUA claims that she was harmed by Defendant JOEL SANCHEZ's negligence while Plaintiff was a passenger in Defendant YELLOW CAB COOPERATIVE INC.’s vehicle. Plaintiff also claims that Defendant YELLOW CAB COOPERATIVE, INC. was a common carrier at the time of the incident. 34 Request for Jury InstructionsoO OOD BOD DN NN NN NN NK NY BF eee Be ewe ew ew eB eo YN A AF YW YN — S © we I A WF WwW YH = Ss © 3 901. Status of Common Carrier Disputed To prove that Defendant YELLOW CAB COOPERATIVE, INC. was a common carrier, Plaintiff IDA FUA must prove that Defendant was in the business of transporting the general public. In deciding this issue, you may consider if any of the following factors apply. These factors suggest that a carrier is a common carrier: (a), The carrier maintains a regular place of business for the purpose of transporting passengers. (b) The carrier advertises its services to the general public. (c) The carrier charges standard fees for its services. A carrier can be a common carrier even if it does not have a regular schedule of departures, a fixed route, or a transportation license. If you find that Defendant was not a common carrier, then Defendant did not have the duty of a common carrier, only a duty of ordinary care. 35 Request for Jury Instructions© ° 902. Duty of Common Carrier Common carriers must carry passengers safely. Common carriers must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers. While a common carrier does not guarantee the safety of its passengers, it must use reasonable skill to provide everything necessary for safe transportation, in view of the transportation used and the practical operation of the business. 36 Request for Jury InstructionsOe YN DWN BF WwW NY NN YN NY NN NY NY HF Be Be Be Be Be ewe eB ee eo oN A WS BW NH = SO we IN A HF HH HES © °o 906. Duty of Passenger for Own Safety While a common carrier must use the highest care for its passengers’ safety, passengers need only use reasonable care for their own safety. 37 Request for Jury InstructionsoO OD OB OD NH N NY NY NY NY NY DW NY wee BXRRRERSY FCSDVTABDEBHESAS 3700. Introduction A corporation is responsible for harm caused by the wrongful conduct of its employees and ostensible employees while acting within the scope of their authority. 38 Request for Jury Instructions“ Oo we IN DA WF Ww WY 10 WW 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 © ° 3701. Tort Liability Asserted Against Principal—Essential Factual Elements IDA FUA claims that she was harmed by JOEL SANCHEZ’s negligence. IDA FUA also claims that Defendant YELLOW CAB COOPERATIVE, INC. is responsible for the harm because JOEL SANCHEZ was acting as its employee when the incident occurred. If you find that JOEL SANCHEZ’s negligence harmed IDA FUA, then you must decide whether Defendant YELLOW CAB COOPERATIVE, INC. is responsible for the harm. Defendant YELLOW CAB COOPERATIVE, INC. is responsible if IDA FUA or JOEL SANCHEZ proves both of the following: 1. That JOEL SANCHEZ was Defendant’s employee; and 2. That JOEL SANCHEZ was acting within the scope of his employment when he harmed IDA FUA. 39 Request for Jury Instructions© ° 3704 Existence of “Employee” Status Disputed Ida Cristina Fua claims that Joel Sanchez was Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC’s employee. Joel Sanchez also claims that he was Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC’s employee. In deciding whether Joel Sanchez was Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC’s employee, the most important factor is whether Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC had the right to control how Joel Sanchez performed the work, rather than just the right to specify the result. It does not matter whether Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC exercised the right to control. You may not consider Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC’s enforcement of San Francisco Municipal Transportation Agency regulations as evidence of Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC’s right to control how Joel Sanchez performed his work. In addition to the right of control, you must also consider all of the circumstances in deciding whether Joel Sanchez was Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC’s employee. The following factors, if true, may show that Joel Sanchez was the employee of Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC: (a) Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC supplied the equipment, tools, and place of work. However, you may not consider the equipment, tools or the place of work supplied by Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC as indications of employment, where those equipment, tools and work location are required by the San Francisco Municipal Transportation Agency; (b) Joel Sanchez was paid by the hour rather than by the job; (c) The work being done by Joel Sanchez was part of the regular business of Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC. (d) Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC had an unlimited right to end the relationship with Joel Sanchez; (e) The work being done by Joel Sanchez was his only occupation or business; (f) The kind of work performed by Joel Sanchez is usually done under the direction of a supervisor rather than by a specialist working without supervision; (g) The kind of work performed by Joel Sanchez does not require specialized or professional skill; (h) The services performed by Joel Sanchez were to be performed over a long period of time; and 1 Jury Instruction 3704Oo eo IY DA NW FP WN N NY N WY RN Noe Be Be Be Be Be ee eB BYRRRORR SUE RVURABAEDECKS © 3° (i) Yellow Cab Cooperative, Inc. and Taxi Equipment Leasing, LLC and Joel Sanchez acted as if they had an employer-employee relationship. 2 Jury Instruction 3704Oo ON DB Ow DN YN YN YN NN NY Se Be Be Be Be Be eB eB oN DA NM fF WwW YN KH SF Oo eH DA NA FF WY NY KY CO © ° 3709. Ostensible Employee Plaintiff IDA FUA claims that Defendants are responsible for JOEL SANCHEZ’s conduct because he was Defendants YELLOW CAB COOPERATIVE, INC.’s apparent employee. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant YELLOW CAB COOPERATIVE, INC. intentionally or carelessly created the impression that JOEL SANCHEZ was Defendant YELLOW CAB COOPERATIVE, INC. employee; 2. That Plaintiff reasonably believed that JOEL SANCHEZ was Defendant YELLOW CAB COOPERATIVE, INC.’s employee; and 3. That Plaintiff was harmed because she reasonably relied on her belief. 43 Request for Jury InstructionsOo eC YD WA SF WN HS NN YN NY NNN DN HB Bee ee eH eB eB eB eS IY AA 8 YW NY = SS oO we DA HA BF WwW NY YE SS © 3720. Scope of Employment Plaintiff IDA FUA must prove that JOEL SANCHEZ was acting within the scope of his employment when Plaintiff was harmed. Conduct is within the scope of employment if: (@) () It is reasonably related to the kinds of tasks that the employee was employed to perform; or Is reasonably foreseeable in light of the employer's business or the employee's job responsibilities. 44 Request for Jury InstructionsOo ee ND nN BP WBN Ney NY YN NNN NY Boe Se Be Se eB eB eB BSS &E SRUEBERERWVEDEBDHK S © ° 3900. Introduction to Tort Damages—Liability Contested If you decide that Plaintiff IDA FUA has proved her claim against Defendants YELLOW CAB COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT LEASING, LLC, you also must decide how much money will reasonably compensate Plaintiff for the harm. This compensation is called “damages.” The amount of damages must include an award for each item of harm that was caused by Defendants’ wrongful conduct, even if the particular harm could not have been anticipated. Plaintiff does not have to prove the exact amount of damages that will provide reasonable compensation for the harm. However, you must not speculate or guess in awarding damages. 45 Request for Jury InstructionsOo Oe ON DN FB WwW NY BN NN NN NRK NY Be Be wee eB eB Be ew Be oN DAA SB YW YN = S Oo ww I DAWN BF WwW NN | SO © ° 3902. Economic and Noneconomic Damages The damages claimed by Plaintiff IDA FUA for the harm caused by Defendants YELLOW CAB COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT LEASING, LLC fall into two categories called economic damages and non-economic damages. You will be asked on the verdict form to state the two categories of damages separately. 46 Request for Jury InstructionsOo DBO ON N NY YN N NY N ND ee eee SYA A SB WN = SS oO we IN DA Nw FPF YW YH KH S © ° 3903. Items of Economic Damage The following are the specific items of economic damages claimed by Plaintiff IDA FUA: a. Past Economic Loss Lost Earnings Medical Expenses b. Future Economic Loss Lost Earnings/ Lost Earning Capacity Medical Expenses Attendant/Companion Care 47 Request for Jury Instructions© ° 3903A. Medical Expenses—Past and Future (Economic Damage) 1. Past and future medical expenses. To recover damages for past medical expenses, Plaintiff IDA FUA must prove the reasonable cost of reasonably necessary medical care that she has received. To recover damages for future medical expenses, Plaintiff must prove the reasonable cost of reasonably necessary medical care that she is reasonably certain to need in the future. 48 Request for Jury Instructions© 9° 3903C. Past and Future Lost Earnings (Economic Damage) 2. Past and future lost earnings. To recover damages for past lost earnings, Plaintiff IDA FUA must prove the amount of income, earnings, salary, and wages that she has lost to date. To recover damages for future lost earnings, Plaintiff must prove the amount of income, earnings, salary, and wages she will be reasonably certain to lose in the future as a result of the injury. 49 Request for Jury Instructions© 3° — 3903D. Lost Earning Capacity (Economic Damage) The loss of Plaintiff IDA FUA’s ability to earn money. To recover damages for the loss of the ability to earn money as a result of the injury, Plaintiff must prove the reasonable value of that loss to her. It is not necessary that she have a work history. oe ND ON BF Ww ND NY NY NY YN NRK NY SY Be eB ee ewe eB eB eo oN A MA YW ND = S OMI DA A FW YH SF SCS 50 Request for Jury InstructionsOo eo ND mW BP WwW NY YPN YN YN NN NY He Be Be Be Be eB eB ewe eB SCS INA WS WBN SF SO wH IA A BW NH SF S Oo. ° 3904A. Present Cash Value If you decide that Plaintiff IDA FUA’s harm includes future economic damages for loss of earnings and future medical expenses, then the amount of those future damages must be reduced to their present cash value. This is necessary because money received now will, through investment, grow to a larger amount in the future. Defendants YELLOW CAB COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT LEASING, LLC must prove the amount by which future damages should be reduced to present value. To find present cash value, you must determine the amount of money that, if reasonably invested today, will provide Plaintiff with the amount of her future damages. You may consider expert testimony in determining the present cash value of future economic damages. 51 Request for Jury InstructionsSOD BOD NY NY NN NY NN NN NY = Be Be Be Be Be ee ee oo ow AM 8 WN |= Ss Oo eI DAWN BF WwW NY SE SCS © ° 3905. Items of Noneconomic Damage The following are the specific items of noneconomic damages claimed by Plaintiff IDA FUA: Physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress 52 Request for Jury Instructions0 ON OD OB WD NY RN YN N NY NN NY B&B Be Be Be ewe ew eB ee eo oN AAS WN = 5S oO we IN DAHA BF WwW NY FS SS © 3 3905A. Physical Pain, Mental Suffering, and Emotional Distress (Noneconomic Damage) 1. Past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress. No fixed standard exists for deciding the amount of these noneconomic damages. You must use your judgment to decide a reasonable amount based on the evidence and your common sense. To recover for future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress, Plaintiff IDA FUA must prove that she is reasonably certain to suffer that harm. For future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress, determine the amount in current dollars paid at the time of judgment that will compensate Plaintiff for future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress. This amount of noneconomic damages should not be further reduced to present cash value because that reduction should only be performed with respect to economic damages. 53 Request for Jury InstructionsOND OB OY DY YN NY NY YN NN NY Be Be Be eB eB Be Se eB eB oon A YM fF WN = SF 0 wm NI DWH Bw NH FS © 3 3924. No Punitive Damages You must not include in your award any damages to punish or make an example of Defendants YELLOW CAB COOPERATIVE, INC., JOEL SANCHEZ, TAXI EQUIPMENT LEASING, LLC. Such damages would be punitive damages, and they cannot be a part of your verdict. You must award only the damages that fairly compensate Plaintiff IDA FUA for her loss. 54 Request for Jury InstructionsOo OO OD OB Ow NY NN NY NY NY N NN NY ee ewe HY ew Be Be Be eB SI AWA FB YN =F SS Ow IA WR DN SS © 3° 3925. Arguments of Counsel Not Evidence of Damages The arguments of the attorneys are not evidence of damages. Your award must be based on your reasoned judgment applied to the testimony of the witnesses and the other evidence that has been admitted during trial. 55 Request for Jury InstructionsOO ON OD ON B® WwW NY beN Ye NY NY NNN NY Be Be eB Be ee ee eB Se yA Nf WN = S Owe IAA BH NH SS © 3° 3930. Mitigation of Damages (Personal Injury) If you decide Defendants are responsible for the original harm, Plaintiff IDA FUA is not entitled to recover damages for harm that Defendants prove Plaintiff IDA FUA could have avoided with reasonable efforts or expenditures. You should consider the reasonableness of Plaintiff IDA FUA’s efforts in light of the circumstances facing her at the time, including her ability to make the efforts or expenditures without undue risk or hardship. If Plaintiff IDA FUA made reasonable efforts to avoid harm, then your award should include reasonable amounts that she spent for this purpose. 56 Request for Jury InstructionsOe IND WB WwW NY | NY NY NY NN NN DY Bee Be Be Be Be ew ewe ew Sy DAMA YW DN = So wm IAA eR HDH FS 3932. Life Expectancy If you decide Plaintiff IDA FUA has suffered damages that will continue for the rest of her life, you must determine how long she will probably live. In deciding a person’s life expectancy, you should consider, among other factors, that person’s health, habits, activities, lifestyle, and occupation. 57 Request for Jury InstructionsCe ND HW BF WN NN NY NN NY NY Be eB ee ew eH eB ew ee BXNRRRERBRYXPSEC RSRABDEBDHAS © ° 3961. Duty to Mitigate Damages for Past and Future Damages _ Ida Fua is not entitled to recover damages for economic losses that Joel Sanchez, Yellow Cab Cooperative, Inc., and Taxi Equipment Leasing LLC prove Ida Fua could have avoided by returning to gainful employment as soon as it was reasonable for her to do so. To calculate the amount of damages you must: 1, Determine the amount Ida Fua would have earned had she not been injured; and 2. Subtract the amount Ida Fua could have earned in the past and is reasonably able to , earn in the future by returning to gainful employment. The resulting amount is Ida Fua's damages for lost earnings. 1 Request for Jury InstructionsZZ" CounW Mynveo ge Qus Ghureews WE Dod 4 nt© ° 5012. Introduction to Special Verdict Form I will give you a verdict form with questions you must answer. I have already instructed you on the law that you are to use in answering these questions. You must follow my instructions and the form carefully. You must consider each question separately. Although you may discuss the evidence and the issues to be decided in any order, you must answer the questions on the verdict form in the order they appear. After you answer a question, the form tells you what to do next. At least 9 of you must agree on an answer before you can move on to the next question. However, the same 9 or more people do not have to agree on each answer. All 12 of you must deliberate on and answer each question regardless of how you voted on any earlier question. Unless the verdict form tells all 12 jurors to stop and answer no further questions, every juror must deliberate and vote on all of the remaining questions. When you have finished filling out the form, your presiding juror must write the date and sign it at the bottom and then notify the bailiff that you are ready to present your verdict in the courtroom.© 3° 5017. Polling The Jury After your verdict is read in open court, you may be asked individually to indicate whether the verdict expresses your personal vote. This is referred to as “polling” the jury and is done to ensure that at least nine jurors have agreed to each decision. The verdict form that you will receive asks you to answer several questions. You must vote separately on each question. Although nine or more jurors must agree on each answer, it does not have to be the same nine for each answer. Therefore, it is important for each of you to remember how you have voted on each question so that if the jury is polled, each of you will be able to answer accurately about how you voted. Each of you will be provided a draft copy of the verdict form for your use in keeping track of your votes.