“Plaintiff claims that Defendant’s failure to protect [Plaintiff / Decedent] was a substantial factor in causing [injury to Plaintiff / Decedent]. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant was a psychotherapist; 2. That patient was Defendant’s patient; 3. That patient communicated to Defendant a serious threat of physical violence; 4. That [Plaintiff / Decedent] was a reasonably identifiable victim of patient’s threat; 5. That patient [injured Plaintiff]/killed Decedent]; 6. That Defendant failed to make reasonable efforts to protect [Plaintiff / Decedent]; and 7. That Defendant’s failure was a substantial factor in causing [Plaintiff’s injury / the death of Decedent].
Defendant is not responsible for [Plaintiff’s injury/the death of Decedent] if Defendant proves that she made reasonable efforts to communicate the threat to [Plaintiff/Decedent] and to a law enforcement agency.”
[CACI Jury Instructions [citations omitted]]
