What is the test for determining whether a jury misconstrued or misapplied an instruction in a medical malpractice case?
California, United States of America
The following excerpt is from People v. Evans, 135 Cal.App.4th 1178, 37 Cal.Rptr.3d 852 (Cal. App. 2006):
The question on review is whether there is a reasonable likelihood that the jury misconstrued or misapplied the words of the instruction. (People v. Dunkle (2005) 36 Cal.4th 861, 899, 32 Cal.Rptr.3d 23, 116 P.3d 494; People v. Clair (1992) 2 Cal.4th 629, 663, 7 Cal.Rptr.2d 564, 828 P.2d 705.) In resolving this question, we apply the well-established rule that "`the
[37 Cal.Rptr.3d 855]
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