In a personal injury action, what is the test for failing to give a clarifying instruction to a minor?

California, United States of America


The following excerpt is from People v. Garner, E062231 (Cal. App. 2016):

Finally, even if the failure to give a clarifying instruction were error, which it is not, such error would be harmless in light of the overwhelming evidence that defendant directly caused the victim's injury. (See, e.g., People v. Mil (2012) 53 Cal.4th 400, 417-419.) The prosecution presented strong evidence that defendant punched the victim in the left eye and that this one act caused the fracture of her orbital bone. The victim described the punch, and her two sons testified that their mother was covering her eye when they came to her room upon hearing her scream in pain. One of the sons heard a smacking noise and testified that defendant admitted he had hit the victim, albeit in self-

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