Can a defendant argue that no objection was necessary to a jury instruction in a personal injury case?

Defendant contends that no objection was necessary because the instruction contained an incorrect statement of law and affected his substantial rights. (See People v. Smithey (1999) 20 Cal.4th 936, 976, fn. 7; 1259.) Even if the issue was not forfeited by defendant's failure to object, we would find it lacks merit.

"Challenges to the wording of jury instructions are resolved by determining whether there is a reasonable likelihood that the jury misapplied or misconstrued the instruction. [Citation.]" (People v. Crew (2003) 31 Cal.4th 822, 848.)