Under what circumstances have defence counsel sought to water down the CIVJI instruction with respect to vomit?

In further efforts to reduce the import of the instruction, contrary to submissions to us by the appellant, defence counsel also sought to water down the Browne v. Dunn instruction with respect to M.F. and M.S. These efforts succeeded to the extent that the instruction was weaker than the court originally had contemplated. The judge acknowledged this success, saying: … I thought long and hard about the CIVJI instruction that would cause -- would instruct the jury, essentially, to disregard the evidence [of vomit] because it was not put, and I concluded that, on balance, I would simply put a weaker caution, but the fact that this was not put to [M.S.] is very important, in my view … And: I will take [M.F.] out.