2812. Injury Caused by Co-Employee's Intoxication--Essential Factual Elements (Lab. Code, § 3601(a)(2)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was harmed because [name of defendant] was intoxicated. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. That [name of defendant] [insert description of injury-producing conduct]; That [name of defendant] was intoxicated; That [name of plaintiff] was harmed; and That [name of defendant]'s intoxication was a substantial factor in causing [name of plaintiff]'s harm. ________________________________________________________________________________ New September 2003