What is the Law in California for Negligent Infliction of Emotional Distress Malicious Oppressive Fraudulent Conduct - California Civil Jury Instruction CACI 1623

California Law

CA Civil Jury Instructions

CACI 1623 - Negligent Infliction of Emotional Distress Malicious Oppressive Fraudulent Conduct

As of September 1, 2010

California Civil Jury Instruction CACI 1623

[Name of plaintiff] claims that [name of defendant] acted with

[malice/oppression/fraudulent intent] in exposing [name of plaintiff]

to [insert applicable carcinogen, toxic substance, HIV, or AIDS] and

that this conduct caused [name of plaintiff] to suffer serious

emotional distress. To establish this claim, [name of plaintiff] must

prove all of the following:

1. That [name of plaintiff] was exposed to [insert applicable

carcinogen, toxic substance, HIV, or AIDS] as a result of

[name of defendant]’s negligent conduct;

2. That [name of defendant] acted with

[malice/oppression/fraudulent intent] because [insert one or

more of the following, as applicable]:

carried out with a willful or conscious disregard of [name of

plaintiff]’s rights or safety;] [or]

[name of plaintiff] to cruel and unjust hardship in conscious

disregard of [name of plaintiff]’s rights;] [or]

concealed a material fact known to [name of defendant],

intending to cause [name of plaintiff] harm;]

3. That [name of plaintiff] suffered serious emotional distress

from a fear that [he/she] will develop [insert applicable

cancer, HIV, or AIDS] as a result of the exposure;

4. That reliable medical or scientific opinion confirms that

[name of plaintiff]’s risk of developing [insert applicable

cancer, HIV, or AIDS] was significantly increased by the

exposure and has resulted in an actual risk that is

significant; and

5. That [name of defendant]’s conduct was a substantial factor

in causing [name of plaintiff]’s serious emotional distress.

Emotional distress includes suffering, anguish, fright, horror,

nervousness, grief, anxiety, worry, shock, humiliation, and shame.

Serious emotional distress exists if an ordinary, reasonable person

would be unable to cope with it.

"Despicable conduct" is conduct that is so mean, vile, base, or

contemptible that it would be looked down on and despised by

reasonable people.

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