How have courts dealt with erroneous "expectation" instructions in a motor vehicle case?
California, United States of America
The following excerpt is from Shell Oil Co. v. Winterthur Swiss Ins. Co., 12 Cal.App.4th 715, 15 Cal.Rptr.2d 815 (Cal. App. 1993):
We must assess the effect of the erroneous "expect" instructions. Instructional error alone is insufficient to overturn a verdict; the appellant must also show the error was prejudicial and resulted in a miscarriage of justice. (Jones v. Toyota Motor Co. (1988) 198 Cal.App.3d 364, 371, 243 Cal.Rptr. 611.)
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