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California
Law Dictionary
Torts Negligence-Reasonableness Test
(Munoz v. City of Union City)
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Torts Negligence Reasonableness Test
(Munoz v. City of Union City)

We are more sympathetic to appellants’ complaint that the trial court erroneously directed the jury to disregard defense counsel’s recitation in closing argument of the rejected instruction. Defense counsel quoted from the rejected instruction, stating at the end, “Boy, does that sum this case up.” Subsequently, the court admonished the jury: “I have given you the instructions on the law and you will have these [in] your possession. As I have indicated, the attorneys’ arguments in closing, while eloquent[,] are not evidence. As I have indicated to you they are theories of the case as reflected by their theory of what the evidence showed. If either Counsel has defined the law of reasonableness which is in conflict with any of the instructions that I have given, you are to disregard their commentary and to follow the law as I have given it and I want to make clear that you understand that as to my jury instructions and as to their argument.”

The quotation directing the jury that the test of reasonableness “is not one of 20/20 hindsight, but one which necessarily allows for the fact that police officers are often forced to make split-second decisions in circumstances that are tense, uncertain, and rapidly evolving with the amount of force which is necessary” was taken directly from case law (Graham v. Connor, supra, 490 U.S. at pp. 396-397) and is a correct statement of law. Although not appropriate as an instruction from the court, there was nothing wrong with these statements as part of closing argument. (See 7 Witkin, Cal. Procedure, supra, Trial, § 323, p. 366; Fibreboard Paper Products Corp. v. East Bay Union of Machinists, supra, 227 Cal.App.2d at p. 718.)

Nevertheless, we do not view the court’s admonition as prejudicial error. The quotation at issue highlighted a theory of the defense that was repeatedly presented to the jury throughout the case—that police officers responding to crisis situations must work under stress, often with inadequate information, and must make decisions quickly as each situation evolves. The testimony of defense expert Williams made this theory abundantly clear. Even without the specific language of the quotation the court removed from the jury’s consideration, it is inconceivable that the jury was not aware the defense was asking it to view this case from Woodward’s perspective at the time, under the pressures of the crisis, rather than with the benefit of hindsight.

Munoz v. City of Union City - A095846-07/23/04

Jul 23 2004

A095846
[PDF] [DOC]

Munoz v. City of Union City 7/23/04 CA1/2

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