“Plaintiff claims that he was harmed by Agent’s [e.g., negligence]. Plaintiff also claims that Defendant is responsible for the harm because Agent was acting as its agent/employee/[other relationship, e.g., partner] when the incident occurred. If you find that Agent’s [e.g., negligence] harmed Plaintiff, then you must decide whether Defendant is responsible for the harm. Defendant is responsible if Plaintiff proves both of the following: 1. That Agent was Defendant’s agent/employee/[other relationship]]; and 2. That Agent was acting within the scope of her agency/employment/[other relationship] when she harmed Plaintiff.”
[CACI Jury Instructions [citations omitted]]
