CACI VF-3105 Physical Abuse—Employer Defendant Only (Welf. & Inst. Code, §§ 15610.63, 15657; Civ. Code, § 3294(b))

California Civil Jury Instructions CACI

VF-3105 Physical Abuse—Employer Defendant Only (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 defendant]’s employee 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 the employee’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[s] 4 [and 5]. 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 defendant] had advance knowledge of the unfitness of the employee and employed [him/her/nonbinary pronoun/them] with a knowing disregard of the rights or safety of others?

 Yes   No

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.Did [name of plaintiff] prove 1 through 3 by clear and convincing evidence and also prove by clear and convincing evidence that the employee 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?  $]

Signed:Presiding Juror
Dated:  

After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your 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. 3102B, Employer Liability for Enhanced Remedies—Employer Defendant Only.

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.

Questions 5 and 6 are required to obtain employer liability for enhanced remedies, including attorney fees and costs. (See Welf. & Inst. Code, § 15657; Code Civ. Proc., § 377.34.) Question 5 may be altered to correspond to one of the alternative bracketed options in CACI No. 3102B.

If the physical abuse led to the 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.

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.