CO · jury_instructions
CJI-Civ. 15:19
Elements of Liability of Attorneys — Involving an Underlying Matter (Case-Within-a-Case)
For the plaintiff, (name), to recover from the defendant, (name), on (insert applicable
pronoun) claim of negligence, you must find that all of the following have been proved by a
preponderance of the evidence:
1. The plaintiff should have prevailed (in the underlying case) (on the underlying
claim);
2. The plaintiff did not prevail because the defendant was negligent in handling that
matter; and
3. The defendant’s negligence caused the plaintiff to have (injuries) (damages)
(losses).
If you find that any one or more of these (number) statements, or any part of them,
has not been proved, then your verdict must be for the defendant.
On the other hand, if you find that all of these (number) statements have been
proved, (then your verdict must be for the plaintiff) (then you must consider the
defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete
defense to plaintiff’s claim]).
If you find that (this affirmative defense has) (any one or more of these affirmative
defenses have) been proved by a preponderance of the evidence, then your verdict must be
for the defendant.
However, if you find that (this affirmative defense has not) (none of these
affirmative defenses have) been proved, then your verdict must be for the plaintiff.
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
9c45b2dff95bc27d2a97f4b10ecd026730478dc069c9af61db3c1f6f722d78cf
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