What is the test for reversal of an instruction in a personal injury case?
California, United States of America
The following excerpt is from People v. Nelson, 1 Cal.5th 513, 205 Cal.Rptr.3d 746, 376 P.3d 1178 (Cal. 2016):
On review even if an erroneous instruction is included reversal is required only when it appears the error was likely to have misled the jury. (People v. Malone (1988) 47 Cal.3d 1, 52, 252 Cal.Rptr. 525, 762 P.2d 1249.) Assuming the instruction should not have been given, we conclude
[1 Cal.5th 547]
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