VF 3106. Abduction - Individual Or Individual And Employer Defendants

VF-3106. Abduction--Individual or Individual and Employer Defendants (Welf. & Inst. Code, §§ 15610.06, 15657.05; Civ. Code, § 3294(b)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1.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] [remove [name of plaintiff/decedent] from California and] restrain [him/her/[name of plaintiff/decedent]] from returning to California? ____ 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. Did [name of plaintiff/decedent] lack the capacity to consent to the [removal and] restraint? ____ Yes ____ No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. VF-3106. Abduction--Individual or Individual and Employer Defendants (Welf. & Inst. Code, §§ 15610.06, 15657.05; Civ. Code, § 3294(b)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 4. 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 4 is yes, then answer question 5 [and] [select 6, 7, or both]. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. 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 $ $ ] ] $ $ $ $ $ ] ] ] ] ] VF-3106. Abduction--Individual or Individual and Employer Defendants (Welf. & Inst. Code, §§ 15610.06, 15657.05; Civ. Code, § 3294(b)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [medical expenses [other future economic loss $ $ ] ] ] ] ] Total Future Economic Damages: $ [c. [d. Past noneconomic loss, including [physical pain/mental suffering:] Future noneconomic loss, including [physical pain/mental suffering:] TOTAL [6. $ $ $ Did [name of plaintiff] prove by clear and convincing evidence that [name of employee defendant] was an officer, director, or managing agent of [name of employer defendant] acting on behalf of [name of defendant]? ____ Yes ____ No] [7. Did [name of plaintiff] prove 1 through 4 above by clear and convincing evidence? ____ Yes ____ No] [If your answer to question 7 is yes, then answer question 8. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. VF-3106. Abduction--Individual or Individual and Employer Defendants (Welf. & Inst. Code, §§ 15610.06, 15657.05; Civ. Code, § 3294(b)) 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 8. Signed: What were [name of decedent]'s damages for noneconomic loss for pain, suffering, or disfigurement incurred before death? $ ] 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