What is the test for reversible error in a jury instruction in a civil case?

California, United States of America


The following excerpt is from Harb v. City of Bakersfield, 183 Cal.Rptr.3d 59, 233 Cal.App.4th 606 (Cal. App. 2015):

Not every ambiguity in a civil jury instruction constitutes reversible error. Here, reversible error occurred only if the ambiguity created a reasonable likelihood the jury misunderstood and misapplied the police immunity instruction. ( Collins v. Navistar, Inc., supra, 214 Cal.App.4th at p. 1500, 155 Cal.Rptr.3d 137.) We conclude it did.

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