CACI VF-3104 Physical Abuse—Individual or Individual and Employer Defendants (Welf. & Inst. Code, §§ 15610.63, 15657; Civ. Code, § 3294(b))
California Civil Jury Instructions CACI
VF-3104 Physical Abuse—Individual or Individual and Employer Defendants (Welf. & Inst. Code, §§ 15610.63, 15657; Civ. Code, § 3294(b))
We answer the questions submitted to us as follows:
1.Was [name of plaintiff/decedent] [65 years of age or older/a dependent adult] at the time of the conduct?
Yes No
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 employee defendant] physically abuse [name of plaintiff/decedent]?
Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
3.Was [name of employee defendant]’s conduct a substantial factor in causing harm to [name of plaintiff/decedent]?
Yes No
If your answer to question 3 is yes, then answer question 4 [and] [select 5, 6, or both]. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
4.What are [name of plaintiff/decedent]’s damages?
[a.Past economic loss
[lost earnings $]
[lost profits $]
[medical expenses $]
[other past economic loss $]
Total Past Economic Damages: $]
[b.Future economic loss
[lost earnings $]
[lost profits $]
[medical expenses $]
[other future economic loss$]
Total Future Economic Damages: $]
[c.Past noneconomic loss, including [physical
pain/mental suffering:] $]
[d.Future noneconomic loss, including [physical
pain/mental suffering:] $]
TOTAL $
[5.Did [name of plaintiff] prove by clear and convincing evidence that an officer, a director, or a managing agent of [name of employer defendant] had advance knowledge of the unfitness of [name of employee defendant] and employed [him/her/nonbinary pronoun] with a knowing disregard of the rights or safety of others?
Yes No]
[6.Did [name of plaintiff] prove 1 through 3 above by clear and convincing evidence and also prove by clear and convincing evidence that [name of employee defendant] acted with [recklessness/malice/oppression/ [or] fraud]?
Yes No]
[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 were [name of decedent]’s damages for noneconomic loss for pain, suffering, or disfigurement incurred before death? $]
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, April 2008, October 2008, December 2010, December 2016
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Directions for Use
This verdict form is based on CACI No. 3106, Physical Abuse—Essential Factual Elements, CACI No. 3107, Physical Abuse—Enhanced Remedies Sought, and CACI No. 3102A, Employer Liability for Enhanced Remedies—Both Individual and Employer Defendants.
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 4 and do not have to categorize “economic” and “noneconomic” damages, especially if it is not a Proposition 51 case. The breakdown of damages is optional depending on the circumstances.
Optional questions 5, 6, and 7 address enhanced remedies. If the physical abuse is proved by clear and convincing evidence, and it is also proved by clear and convincing evidence that the individual defendant acted with recklessness, malice, oppression, or fraud, attorney fees, costs, and a decedent’s predeath pain and suffering may be recovered. (See Welf. & Inst. Code, § 15657.) If any of these remedies are sought against the employer, include question 5. (See Welf. & Inst. Code, § 15657(c).) Question 5 may be altered to correspond to one of the alternative bracketed options for employer liability in CACI No. 3102A.
If any enhanced remedies are sought against either the individual or the employer, include question 6. If the physical abuse led to the neglected elder’s death, in question 4 include only item 4a for past economic loss. But also include the transitional language after question 6 and include question 7.
In the transitional language after question 3, direct the jury to answer questions 5 or 6 or both, depending on which questions are to be included. If question 6 is to be included but question 5 is not, then 6 will be renumbered as 5.
If punitive damages are sought, incorporate language from a verdict form for punitive damages. (See CACI Nos. VF-3900–VF-3904.)
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.