Model Instruction on "Responsible Cause" Properly States Indiana Law
Proximate Cause
September 20, 2011
Yesterday, the Indiana Court of Appeals confirmed that the new Model Jury Instructions do not misstate Indiana law on proximate cause when instructing on "responsible cause" in Fratter v. Rice, ___ N.E.2d ___ (Ind. Ct. App. 2011), Cause No. 53A04-1101-CT-10. The plaintiff argued that the instruction was insufficient because it speaks of "conduct," rather than "act or omission." the Court disagreed, confirming that the instruction "closely tracks our Supreme Court's definition of proximate cause."
This is the first case I've seen that addresses a change from an old pattern jury instruction to the new "plain English" Model Civil Jury Instructions. There may be more in the future, but this is the first vindication of the "plain English" effort.
Yesterday, the Indiana Court of Appeals confirmed that the new Model Jury Instructions do not misstate Indiana law on proximate cause when instructing on "responsible cause" in Fratter v. Rice, ___ N.E.2d ___ (Ind. Ct. App. 2011), Cause No. 53A04-1101-CT-10. The plaintiff argued that the instruction was insufficient because it speaks of "conduct," rather than "act or omission." the Court disagreed, confirming that the instruction "closely tracks our Supreme Court's definition of proximate cause."
This is the first case I've seen that addresses a change from an old pattern jury instruction to the new "plain English" Model Civil Jury Instructions. There may be more in the future, but this is the first vindication of the "plain English" effort.
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