“Plaintiff may prove that Defendant’s negligence caused his harm if he proves all of the following: 1. That Plaintiff’s harm ordinarily would not have occurred unless someone was negligent; 2. That the harm occurred while Plaintiff was under the
care and control of Defendant; and 3. That Plaintiff’s voluntary actions did not cause or contribute to the event[s] that harmed him. If you decide that Plaintiff did not prove one or more of these three things, then you must decide whether Defendant was negligent in light of the other instructions I have read. If you decide that Plaintiff proved all of these three things, you may, but are not required to, find that Defendant was negligent or that Defendant’s negligence was a substantial factor in causing Plaintiff’s harm, or both. Defendant contends that she was not negligent or that her negligence, if any, did not cause Plaintiff harm. If after weighing all of the evidence you believe that it is more probable than not that Defendant was
negligent and that her negligence was a substantial factor in causing Plaintiff’s harm, you must decide in favor of Plaintiff. Otherwise, you must decide in favor of Defendant.”
[CACI Jury Instructions [citations omitted]]
