20.12 ADDITIONAL HARM RESULTING FROM ORIGINAL INJURY If you find that [defendant] is legally responsible for [plaintiff’s] injury, [defendant] is also legally responsible for any additional bodily harm to [plaintiff] that was caused by the acts of persons who [provided medical care or other assistance to [plaintiff] that was reasonably required in order to address [plaintiff’s] original injury][transported [plaintiff] to a hospital or other place of medical treatment, where such transportation was reasonably necessary]. [Defendant] is legally responsible for this additional bodily harm regardless of whether the persons who provided the [medical care or other assistance] [transportation] did so in a proper manner, or in a negligent manner. Use Note This instruction should only be used when the facts include post-accident medical care or other assistance, such as emergency transportation. In other cases involving successive acts of negligence, the jury should be instructed on the applicable principles of legal cause (Instruction 3.06) or multiple cause (Instruction 3.07). Comment This instruction has been revised based on a 2015 decision of the Alaska Supreme Court, 353 P.3d 782 (Alaska 2015). In the Alaska Cooper v. Thompson, Cooper, Supreme Court concluded that the prior version of Alaska pattern jury instruction 20.12 did not accurately reflect the existing state of the law as to additional harm. at 794. This revised instruction properly reflects Alaska law on the issue of Id. additional harm as confirmed by Cooper.
20.12 ADDITIONAL HARM RESULTING FROM ORIGINAL INJURY If you find that [defendant] is legally responsible for [plaintiff’s] injury, [defendant] is also legally responsible for any additional bodily harm to [plaintiff] that was caused by the acts of persons who [provided medical care or other assistance to [plaintiff] that was reasonably required in order to address [plaintiff’s] original injury][transported [plaintiff] to a hospital or other place of medical treatment, where such transportation was reasonably necessary]. [Defendant] is legally responsible for this additional bodily harm regardless of whether the persons who provided the [medical care or other assistance] [transportation] did so in a proper manner, or in a negligent manner. Use Note This instruction should only be used when the facts include post-accident medical care or other assistance, such as emergency transportation. In other cases involving successive acts of negligence, the jury should be instructed on the applicable principles of legal cause (Instruction 3.06) or multiple cause (Instruction 3.07). Comment This instruction has been revised based on a 2015 decision of the Alaska Supreme Court, Cooper v. Thompson, 353 P.3d 782 (Alaska 2015). In Cooper, the Alaska Supreme Court concluded that the prior version of Alaska pattern jury instruction 20.12 did not accurately reflect the existing state of the law as to additional harm. Id. at 794. This revised instruction properly reflects Alaska law on the issue of additional harm as confirmed by Cooper.
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