“Plaintiff also seeks to recover [attorney fees and costs/ [and] damages for Decedent’s pain and suffering]. To recover these remedies, Plaintiff must prove all of the requirements for neglect by clear and convincing evidence, and must also prove by clear
and convincing evidence that Defendant acted with recklessness/oppression/fraud/malice in physically abusing Plaintiff/Decedent. [If Plaintiff proves the above, I will decide the amount of attorney fees and costs.]”
[CACI Jury Instructions [citations omitted]]
