California, United States of America
The following excerpt is from Forrester v. Tahoe, C079107 (Cal. App. 2017):
4. The better practice in cases such as this one, where key facts--here even the preliminary fact as to whether there was a collision at all, let alone a collision between a snowboarder and a snowmobile towing a toboggan--are in dispute, is to craft the special verdict form to require the jury to make preliminary factual findings, here such as whether the alleged accident occurred at all and the particulars, if so. (See CACI No. 410, Directions for Use ["There may also be disputed facts that must be resolved by a jury before it can be determined if the doctrine applies"], citing Shin v. Ahn (2007) 42 Cal.4th 482, 486.)
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