You're listening to continuing coverage of the Abbey's Werner Civil Trial from the Hidden Killers podcast and True Crime Today.

So if it's stated, a person may voluntarily have...

Right, I would just start. We would start with a person and then go through the end of that.

And I'm just comparing it to the 324A instruction. person and then go through the end of that.

I'm just comparing it to the 324A instruction that we have. Just...

All right, you didn't number yours. I didn't. I apologize.

That is

four or five down. It starts with a person who undertakes gratuitously. Yeah, I had actually matched that up with instruction C, but I guess it's really close to what we're doing.

So in other words, if Your Honor were to instruct a person on B, this is their version B,

striking the word, however, a person may voluntarily assume a legal duty to protect another

from third-party conduct, the concern I have there is the proffer of 324A doesn't talk about third party conduct and 324A is what we've been

guiding what's been guiding this case from Burns we gagged right all right so

are you in receipt of once again they did number or letter them but it starts a person

who undertakes gratuitously all right so basically what is your objection to that

restatement of burns well judge if I may address your question this way I

think that the R instruction B gets at a separate issue

from instruction R instruction C. You've seen that R instruction C and you've aligned

that as corresponding to their Burns instruction, we'll just call the Burns instruction.

That is because instruction B is getting at instruction, I'll just call the Byrds instruction.

That is because instruction B is getting at the broader idea.

The jury needs to know that in general, no one has an obligation,

no one has a duty to exercise reasonable care to protect another from harm. They don't have an affirmative obligation to do that.

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