Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Nevada Jury Instructions CONCURRING CASES There may be more than one [proximate] [legal] cause of an injury. When negligent conduct of two or more persons contributes concurrently as [proximate] [legal] causes of an injury, the conduct of each of said persons is a [proximate] [legal] cause of the injury regardless of the extent to which…
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Nevada Jury Instructions WHEN THIRD PARTY’S INTERVENING NEGLIGENCE IS NOT A SUPERSEDING CAUSE If you find that defendant [(first actor)] was negligent and that his negligence was a substantial factor in bringing about an injury to the plaintiff but that the immediate cause of the injury was the negligent conduct of [ a third person]…
Nevada Jury Instructions INTRODUCTORY INSTRUCTION; MULTIPLE LEGAL THEORIES The plaintiff seeks to establish liability on one or more of different legal bases. One of the plaintiff’s claims is negligence. I will not instruct on the law relating to this claim. NEV. J.I. 4.01 Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades…
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Nevada Jury Instructions ELEMENTS OF NEGLIGENCE CLAIM In order to establish a claim of negligence, the plaintiff must prove the following elements by a preponderance of the evidence: That the defendant was negligent; and That the defendant’s negligence was a [proximate] [legal] cause of damage to the plaintiff. NEV. J.I. 4.02 Jay YoungHon. Jay Young…
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Nevada Jury Instructions NEGLIGENCE AND ORDINARY CARE; DEFINITIONS Negligence is the failure to exercise that degree of care which an ordinarily careful and prudent person would exercise under the same or similar circumstances Ordinary care is that care which persons of ordinary prudence exercise in the management of their own affairs in order to avoid…
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Nevada Jury Instructions PROXIMATE CAUSE; DEFINITION A proximate cause of injury, damage, loss or harm is a cause which, in natural and continuous sequence, produces the injury, damage, loss, or harm, and without which the injury, damage, loss, or harm, would not have occurred. NEV. J.I. 4.04 BAJI: 3.75 Jay YoungHon. Jay Young (Ret.) is…
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Nevada Jury Instructions LEGAL CAUSE; DEFINITION A legal cause of injury, damage, loss or harm is a cause which is a substantial factor in bringing about the injury, damage, loss, or harm. NEV. J.I. 4.04A BAJI 3.76 Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil…
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Nevada Jury Instructions RES IPSA LOQUITUR; NECESSARY CONDITIONS FOR APPLICATION On the issue of negligence, one of the questions for you to decide in this case is whether the [accident] [injury] occurred under the following conditions: First, that it is the kind of [accident] [injury] which ordinarily does not occur in the absence of someone’s…
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Nevada Jury Instructions RES IPSA LOQUITUR; PERMISSIBLE INFERENCE OF NEGLIGENCE From the happening of the [accident] [injury] involved in this case, you may draw an inference that a [proximate] [legal] cause of the occurrence was some negligent conduct on the part of the defendant. However, you shall not find that [proximate] [legal] cause of the…
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Nevada Jury Instructions CONTRIBUTORY NEGLIGENCE; DEFINITION; EFFECT The defendant seeks to establish that the plaintiff was contributorily negligent. Contributory negligence is negligence on the part of the plaintiff which, cooperating to some degree with negligence of another, helps in [proximately] [legally] causing an injury to the plaintiff. The plaintiff may not recover damages if his…
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