In a personal injury case, in what circumstances will a jury consider the risk to society as a whole ("all us"?

California, United States of America


The following excerpt is from Francisco v. Alameda-Contra Costa Transit Dist., A142884 (Cal. App. 2018):

Here, although plaintiffs' counsel's argument, perhaps ill advisedly, asked the jurors to consider the danger to society as a whole ("all of us") in reaching their verdict, we do not believe the argument could have converted the jurors into "partisan advocates" (Cassim v. Allstate Ins. Co., supra, 33 Cal.4th at p. 797) for plaintiffs. The clear point of the argument was that defendants should be required to take responsibility for their actions. Plaintiffs' counsel never urged the jurors to put themselves in plaintiffs' position, or to view the case from a personal perspective. We therefore conclude that the disputed argument was not improper for either appealing to the jurors' self-interest or urging them to decide the case subjectively rather than objectively.

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