There are several critical points in a lawsuit, including a number of procedural steps. Before the jury deliberates on whether or not a defendant acted negligently, the judge will provide the jury with a set of jury instructions that the jury must follow when deliberating. Many parties appeal the outcome of a jury’s decision on the basis that the judge did not give the proper jury instruction. Knowing whether or not the judge is providing the proper instruction and advocating for the instructions that are the fairest and most equitable to your case is a critical step in your lawsuit. As seasoned Boston car accident attorneys, we have courtroom experience that we are ready to put to use on your behalf.
In a recent case, the appellate court considered a plaintiff’s challenge to the jury instructions that the judge provided. The woman was injured in a motor vehicle crash and filed a suit against the driver of the other vehicle alleging that the defendant acted negligently and caused her injuries. The defendant was working at the time of the crash when he allegedly rear-ended the plaintiff as she was attempting to turn right onto a busy street.
The judge declined to instruct the jury on violating a safety statute on the basis that the regulations the plaintiff cited in support of the proposed instruction referred to public highways and there was no evidence in the judge’s opinion that the accident involved a public highway. He also declined to instruct the jury on comparative negligence. The plaintiff appealed on the basis that omitting these instructions and failing to provide a more complete instruction regarding the issue of the defendant’s duty to the plaintiff was a reversible error.