What is the test for an instruction in a personal injury case?

California, United States of America


The following excerpt is from Duncan v. Nathan, A147468 (Cal. App. 2018):

" ' " 'In a civil case, each of the parties must propose complete and comprehensive instructions in accordance with his theory of the litigation; if the parties do not do so, the court has no duty to instruct on its own motion.' " ' " (Metcalf v. County of San Joaquin (2008) 42 Cal.4th 1121, 1130-1131.) " 'Where, as here, "the court gives an instruction correct in law, but the party complains that it is too general, lacks clarity, or is incomplete, he must request the additional or qualifying instruction in order to have the

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