Filed: Mar. 26, 2019
Latest Update: Mar. 26, 2019
Summary: PRETRIAL ORDER No. 138: INSTRUCTION ON NONECONOMIC DAMAGES VINCE CHHABRIA , District Judge . Under California law, it appears that the jury should not be instructed on life expectancy in connection with noneconomic damages. See, e.g., Galindo v. Tassio, No. C13-00105 HRL, 2014 WL 12693525, at *2 (N.D. Cal. June 19, 2014) (holding, in a wrongful death case, that life expectancy should only be taken into account for economic damages); see also CACI No. 3921 (instructing jurors to consider
Summary: PRETRIAL ORDER No. 138: INSTRUCTION ON NONECONOMIC DAMAGES VINCE CHHABRIA , District Judge . Under California law, it appears that the jury should not be instructed on life expectancy in connection with noneconomic damages. See, e.g., Galindo v. Tassio, No. C13-00105 HRL, 2014 WL 12693525, at *2 (N.D. Cal. June 19, 2014) (holding, in a wrongful death case, that life expectancy should only be taken into account for economic damages); see also CACI No. 3921 (instructing jurors to consider ..
More
PRETRIAL ORDER No. 138: INSTRUCTION ON NONECONOMIC DAMAGES
VINCE CHHABRIA, District Judge.
Under California law, it appears that the jury should not be instructed on life expectancy in connection with noneconomic damages. See, e.g., Galindo v. Tassio, No. C13-00105 HRL, 2014 WL 12693525, at *2 (N.D. Cal. June 19, 2014) (holding, in a wrongful death case, that life expectancy should only be taken into account for economic damages); see also CACI No. 3921 (instructing jurors to consider life expectancy when evaluating the loss of future financial support). The Court sees no reason why life expectancy would be relevant to the calculation of noneconomic losses in a personal injury action, but not in a wrongful death action.
IT IS SO ORDERED.
