What is the test for following instructions in a personal injury case?

California, United States of America


The following excerpt is from Scott v. C.R. Bard, Inc., 180 Cal.Rptr.3d 479, 231 Cal.App.4th 763 (Cal. App. 2014):

Absent some contrary indication in the record, we presume the jury follows its instructions [citations] and that its verdict reflects the legal limitations those instructions imposed. [citation.] (Cassim v. Allstate Ins. Co. (2004) 33 Cal.4th 780, 803804, 16 Cal.Rptr.3d 374, 94 P.3d 513 (Cassim ).) In light of this presumption, we must conclude that the above instructions cured any potential prejudice due to the order of the evidence and the supplemental deposition testimony.

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