CA · jury_instructions
CACI No. 2811
Co-Employee’s Willful and Unprovoked Physical Act of
Aggression—Essential Factual Elements (Lab. Code, § 3601(a)(1))
[Name of plaintiff] claims that [he/she/ nonbinary pronoun] was harmed
because [name of defendant] assaulted [him/her/ nonbinary pronoun]. To
establish this claim, [name of plaintiff] must prove all of the following:
1. That [name of defendant] [insert one of the following:]
1. [engaged in physical conduct that a reasonable person would
perceive to be a real, present and apparent threat of bodily
harm;]
1. [touched [name of plaintiff] [or caused [name of plaintiff] to be
touched] in a harmful or offensive manner;]
1. [insert other act of physical aggression];
2. That [name of defendant]’s conduct was unprovoked;
3. That [name of defendant] intended to harm [name of plaintiff];
4. That [name of plaintiff] was harmed; and
5. That [name of defendant]’s conduct was a substantial factor in
causing [name of plaintiff]’s harm.
New September 2003
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
77d9b6e24b33eef1087b8773b72dd0f2ba5058662185e9c1e00731b68322224a
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