“Plaintiff claims that Defendant was negligent in failing to prevent an attack by another. To establish this claim, Plaintiff must prove both of the following: 1. That Defendant knew or, by using the highest care, should have known that a passenger was reasonably likely to attack another passenger; and 2. That by using the highest care, Defendant could have prevented or reduced the harm from the attack.”
[CACI Jury Instructions [citations omitted]]
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