Is a plaintiff's attorney's duty to correct a mistake of law in a jury instruction to apprise the jury that the presumption of negligence per se is rebuttable?
California, United States of America
The following excerpt is from Duket v. Fremont Rideout Health Grp., C082606 (Cal. App. 2019):
Fremont to propose a supplemental instruction to apprise the jury that the presumption of negligence per se is rebuttable. Fremont's attorney had no duty to correct a mistake of law in a jury instruction proposed by plaintiffs. (See Goodman v. Kennedy, supra, 18 Cal.3d at pp. 342, 346.)
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