CACI VF-3920 Damages on Multiple Legal Theories
California Civil Jury Instructions CACI
VF-3920 Damages on Multiple Legal Theories
What are [name of plaintiff]’s damages? [List each item of damages listed in CACI No. 3934.]
1.[e.g., economic damages: lost past earnings]. [Enter the amount below if you find that [name of defendant] is liable to [name of plaintiff] under [specify all of the legal theories supporting this element of damages; use “or” if more than one].]
$
2.[e.g., economic damages: past medical expenses]. [Enter the amount below if you find that [name of defendant] is liable to [name of plaintiff] under [specify the legal theories supporting this element of damages; use “or” if more than one].]
$
3.[e.g., economic damages: lost future earnings]. [Enter the amount below if you find that [name of defendant] is liable to [name of plaintiff] under [specify the legal theories supporting this element of damages; use “or” if more than one].]
$
4.[e.g., economic damages: future medical expenses]. [Enter the amount below if you find that [name of defendant] is liable to [name of plaintiff] under [specify the legal theories supporting this element of damages; use “or” if more than one].]
$
5.[e.g., past noneconomic loss including [physical pain/mental suffering].] [Enter the amount below if you find that [name of defendant] is liable to [name of plaintiff] under [specify the legal theories supporting this element of damages; use “or” if more than one].]
$
6.[e.g., future noneconomic loss including [physical pain/mental suffering].] [Enter the amount below if you find that [name of defendant] is liable to [name of plaintiff] under [specify the legal theories supporting this element of damages; use “or” if more than one].]
$
TOTAL $
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.
Directions for Use
This verdict form is for use with CACI No. 3934, Damages on Multiple Legal Theories. Together they are designed to avoid the jury’s awarding the same damages twice under different causes of action, counts, or legal theories, or failing to distinguish sufficiently what damages are being awarded under what cause of action, count, or legal theory.
If multiple causes of action are at issue, use this verdict form instead of the damages tables in each separate verdict form. If multiple verdict forms will be combined, delete all damages tables and incorporate this verdict form instead.
List each item of damages identified in CACI No. 3934. Include each item only once regardless of the number of claims under which the item may be recovered. The sentence after the item of damages must be included if the item is not recoverable under all causes of action, counts, or legal theories asserted against the defendant. The jury must be advised to find damages only if it has found liability on at least one theory under which the item is recoverable. For example, lost past earnings might be recoverable under all claims, in which case the additional sentence should be omitted. But noneconomic damages for metal suffering might be recoverable only under “the claim for bad-faith breach of insurance contract,” in which case the additional sentence must be included.
Often it will be necessary to identify items of damages with considerable specificity. For example, instead of just “emotional distress,” it may be necessary to specify “emotional distress from harassment before termination of employment” and “additional emotional distress because of termination of employment.” (See, e.g., Roby v. McKesson Corp. (2009) 47 Cal.4th 686, 701–705 [101 Cal.Rptr.3d 773, 219 P.3d 749].)