Perspective
Mar. 2, 2012
Navigating the shores of invited error
The 1st District frowns upon a plaintiff's attempt to challenge an instruction on appeal that it had previously exploited. By Zareh A. Jaltorossian and Michael E. Gerst of Reed Smith LLP
Litigators know that failure to object to an adverse ruling during trial may forfeit a challenge to that ruling on appeal. Generally, erroneous jury instructions are not subject to this rule. Under Code of Civil Procedure Section 647, all jury instructions are deemed excepted to, so that the failure to object to an instruction, without more, does not foreclose an appellate challenge to that instruction.
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