“A common carrier owes the highest care and vigilance to persons only while they are passengers. Plaintiff claims that
he was Defendant’s passenger at the time of the incident. To establish that Plaintiff was a passenger, he must prove all of the following: 1. That Plaintiff intended to become a passenger; 2. That Plaintiff was accepted as a passenger by Defendant; and 3. That Plaintiff placed himself under the control of Defendant. To be a passenger, it is not necessary for the person to actually enter the carrier’s vehicle; however, the carrier must have taken some action indicating acceptance of the person as a passenger. A person continues to be a passenger until the person safely leaves the carrier’s vehicle [or equipment]. A common carrier must use the highest care and vigilance in providing its passengers with a safe place to get on and off its vehicles [or equipment].”
[CACI Jury Instructions [citations omitted]]
