Rule 51.1 COLORADO JURY INSTRUCTIONS.

• Jurisdiction: Colorado

Rule 51.1. Colorado Jury Instructions.

(1) In instructing the jury in a civil case, the court shall use such instructions as are contained in Colorado Jury Instruction (CJI) as are applicable to the evidence and the prevailing law.

(2) In cases in which there are no CJI instructions on the subject, or in which the factual situation or changes in the law warrant a departure from the CJI instructions, the court shall instruct the jury as to the prevailing law applicable to the evidence in a manner which is clear, unambiguous, impartial and free from argument, using CJI instructions as models as to the form so far as possible.

Editor's note: The Colorado Jury Instructions are contained in a book prepared by the Colorado Supreme Court Committee on Civil Jury Instructions.

ANNOTATION

Intent of the Colorado supreme court in promulgating these instructions was to provide clear and impartial forms for use by the trial court in preparing instructions for juries. These forms are to be used with discrimination, keeping in mind that they are not law in themselves and, in order to continually provide accurate assistance to juries, must be refined and modified in accord with changes in statutes and the body of appellate decisions. Gallegos v. Graff, 32 Colo. App. 213, 508 P.2d 798 (1973).

In promulgating the Colorado jury instructions, it was not the purpose of the Colorado supreme court to compile a restatement or an encyclopedia of prevailing law. Gallegos v. Graff, 32 Colo. App. 213, 508 P.2d 798 (1973).

Trial court did not err in refusing to give instruction in personal injury action which provided that, if the jury should find in favor of the plaintiff, it "should not add any sum for income taxes as such an award is not taxable under federal and state tax laws", because the subject matter of this instruction is not covered in the Colorado jury instructions as one to be given. Davis v. Fortino & Jackson Chevrolet Co., 32 Colo. App. 222, 510 P.2d 1376 (1973).

Trial court committed harmless error by instructing jury in personal injury action not to adjust amount of damages awarded in order to compensate for income taxes since damages are not taxable. Rego Co. v. McKown-Katy, 801 P.2d 536 (Colo. 1990).

Court did not abuse its discretion in providing respondeat superior doctrine to jury in its jury instructions. Where medical negligence cases involve acts or omissions during surgery, the jury should be instructed that a surgeon is vicariously liable for the negligence of...