What is the difference between ordinary negligence and gross negligence?

California, United States of America


The following excerpt is from People v. McNiece, 181 Cal.App.3d 1048, 226 Cal.Rptr. 733 (Cal. App. 1986):

No further instructions on the distinctions between ordinary negligence and gross negligence were given. The jury was never informed that the fact appellant was under the influence of alcohol was insufficient in itself to support a finding of gross negligence. The question of whether gross negligence existed was a complicated one and difficult to resolve. The jury was entitled to know what could not be considered on this point. (See People v. Hebert (1964) 228 Cal.App.2d 514, 519-520 [the jury was entitled to a clear statement on the doctrine of proximate cause].)

" 'It is settled that in criminal cases, even when not requested, the court must instruct on the general principles of law relevant to the issues raised by the evidence. [Citations.] The general principles of law governing the case are those principles closely and openly connected with the evidence adduced before the court which are necessary for the jury's proper consideration of the case. [Citations.] At a minimum, it is the court's duty to ensure the jury is adequately instructed on the law governing all elements of the case submitted to it to the extent necessary for a proper determination in conformity with the applicable law. [Citation.]' (People v. Iverson (1972) 26 Cal.App.3d 598, 604-605 [102

Page 737

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