1122. Affirmative Defense Weather Conditions Affecting Streets And Highways (Gov. Code, § 831)

1122. Affirmative Defense--Weather Conditions Affecting Streets and Highways (Gov. Code, § 831) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims it cannot be held responsible for [name of plaintiff]'s harm because the harm was caused by [insert weather condition, e.g., fog, wind, rain, flood, ice or snow] affecting the use of a public street or highway. To succeed, [name of defendant] must prove both of the following: 1. That [insert weather condition, e.g., fog, wind, rain, flood, ice or snow] affecting the use of a public street or highway was the cause of [name of plaintiff]'s harm; and That a reasonably careful person using the public streets and highways would have noticed the [insert weather condition, e.g., fog, wind, rain, flood, ice or snow] and anticipated its effect on the use of the street or highway. 2. ___________________________________________________________________________ New September 2003