What is the test for challenges to instructions in a personal injury case?
California, United States of America
The following excerpt is from People v. Gutierrez, E062209 (Cal. App. 2016):
consider challenges to instructions "even though no objection was made thereto in the lower court, if the substantial rights of the defendant were affected thereby." (See People v. Stitely (2005) 35 Cal.4th 514, 556, fn. 20.) We will therefore consider the issue on the merits.
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