2801. Employers Willful Physical Assault Essential Factual Elements

2801. Employer's Willful Physical Assault--Essential Factual Elements (Lab. Code, § 3602(b)(1)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was harmed because [name of defendant] assaulted [him/her]. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] [insert one of the following:] [engaged in physical conduct that a reasonable person would perceive to be a real, present, and apparent threat of bodily harm;] [touched [name of plaintiff] [or caused [name of plaintiff] to be touched] in a harmful or offensive manner]; 2. 3. 4. That [name of defendant] intended to harm [name of plaintiff]; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. ________________________________________________________________________________ New September 2003