What is the effect of the court's instructions on proximate cause determinations in a motor vehicle accident case?

California, United States of America


The following excerpt is from Thornton v. Luce, 209 Cal.App.2d 542, 26 Cal.Rptr. 393 (Cal. App. 1962):

In concluding its instructions, the court stated: 'If you find that you are perplexed in the course of any of these determinations on proximate cause, or any other issue that is presently here by the instructions, you, of course, will be privileged through your foreman to convey that fact to the bailiff and be returned to the courtroom where, in the presence of counsel and with their assistance, I perhaps can give you further instructions or illustrations that will help you if you need them.' The record does not disclose that any clarification was sought by the jury, but does indicate that they were able to resolve both cases, including the damages sustained by the several seriously injured plaintiffs, by a unanimous [209 Cal.App.2d 556] verdict returned in less than five hours of deliberations. Such result indicates the jury was not confused. (Chance v. Lawry's, Inc., 58 A.C. 373, 387, 24 Cal.Rptr. 209, 374 P.2d 185.)

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