![[Contents]](../icons/rule_toc.gif){kind=icon}
You shall award damages in an amount that fully compensates plaintiff for damages in accordance with instructions from the court. You shall not speculate or consider any other possible sources of benefit the plaintiff may have received. After you have returned your verdict, the court will make whatever adjustments are necessary in this regard. | TOP |
You are not permitted to [award a party] [include] speculative damages, which means compensation for future loss or harm which, although possible, is conjectural or not reasonably certain.
However, [if you determine that a party is entitled to recover,] you should compensate a party for loss or harm caused by the injury in question which is reasonably certain to be suffered in the future. | TOP |
You may not include as damages any amount that you might add for the purpose of punishing or making an example of the defendant for the public good or to prevent other accidents. Such damages would be punitive and they are not authorized in this action. | TOP |
The amount of damages claimed [, either by the written pleadings or] in the argument of counsel, must not be considered by you as evidence of reasonable compensation. | TOP |
In this case the plaintiff has made a settlement with __________. The amount of the settlement has been disclosed to the court but not to you.
If you should find that the plaintiff is entitled to recover against the defendant __________, then you shall award damages to the plaintiff for the same amount you would have awarded as if no such settlement had been made.
In such event the court will later deduct the amount of this settlement from the amount of your award and your verdict will be reduced accordingly. | TOP |
A person who has a condition or disability at the time of an injury is not entitled to recover damages therefor. However, a plaintiff is entitled to recover damages for any aggravation of such preexisting condition or disability caused by the injury.
This is true even if a condition or disability made plaintiff more susceptible to the possibility of ill effects than a normally healthy person would have been, and even if a normally healthy person probably would not have suffered any substantial injury.
Where a preexisting condition or disability is so aggravated, the damages as to such condition or disability are limited to the additional injury caused by the aggravation. | TOP |
If you find that the defendant is liable for the original injury [if any] to the plaintiff, such defendant is also liable:
(1) [For any disease which is contracted because of lowered vitality resulting from the original injury and which rendered the plaintiff peculiarly susceptible to such disease,]
(2) [For any aggravation of the original injury [or for any additional injury] caused by negligent medical or hospital treatment or care of the original injury,]
(3) [For any injury sustained in a subsequent accident which is a normal consequence of an impaired physical condition caused by the original injury and which would not have occurred had the plaintiff's physical condition not been impaired.] | TOP |
It is the duty of a person who has been injured to use reasonable diligence in caring for [his] [her] injuries and reasonable means to prevent their aggravation and to accomplish healing.
When one does not use reasonable diligence to care for [his] [her] injuries, and they are aggravated as a result of such failure, the liability, if any, of another whose act or omission was a cause of the original injury, must be limited to the amount of damage that would have been suffered if the injured person [himself] [herself] had exercised the diligence required of [him] [her].
[However, an injured person is not required to take a particular action if to do so would involve an unreasonably great effort, risk, or expense or would be impractical.]
[From the mere fact that a competent physician advised an injured person to submit to a course of treatment or operation, you are not justified in inferring that the injured person was negligent or unreasonable in declining such treatment or operation. Other factors as they confronted the injured person must be considered in determining whether, although [he] [she] refused to follow the physician's advice, [he] [she] nevertheless exercised reasonable diligence in caring for [himself] [herself] and [his] [her] injuries.] | TOP |
A person whose property has been damaged by the wrongful act of another is bound to exercise reasonable care and diligence to avoid loss and to minimize damages, and may not recover for losses which could have been prevented by reasonable efforts or by expenditures that might reasonably have been made. | TOP |
According to a table of mortality the life expectancy of a __________ (state sex) person aged _____ years is _____ additional years. [And the life expectancy of a __________ (state sex) person aged _____ years is _____ additional years.] This figure is not conclusive. It is an average life expectancy of persons who have reached that age. This figure may be considered by you in connection with other evidence relating to the probable life expectancy of [plaintiff] [deceased], including evidence of occupation, health, habits and other activities, bearing in mind that many persons live longer and many die sooner than the average. | TOP |
Any [award for] [finding of] future economic loss must be only for its present cash value.
Present cash value is the present sum of money which, together with the investment return thereon when invested so as to yield the highest rate of return consistent with reasonable security, will pay the equivalent of lost future benefits at the times, in the amounts, and for the period that you find such future benefits would have been received.
The present cash value will, of course, be less than the amount you find to be the loss of such future benefits.
[In the event you have occasion to determine the present cash value of future constant annual economic losses, there is handed to you a table the correctness of which the court takes judicial notice and from which you can determine the present cash value of such losses by following the instructions printed thereon.] | TOP |
If you find that plaintiff suffered actual injury, harm, or damage caused by __________ (cause of action) you may then consider whether you should award punitive damages against defendant [__________ only], for the sake of example and by way of punishment. You may in your discretion award such damages, if, but only if, you find by clear and convincing evidence that said defendant was guilty of [oppression] [fraud] [or] [malice] in the conduct on which you base your finding of liability.
["Malice" means conduct which is [intended by the defendant to cause injury to the plaintiff] [or] [despicable conduct which is carried on by the defendant with a willful and conscious disregard for the] [rights] [or] [safety] of others.] [A person acts with conscious disregard of the rights or safety of others when [he] [she] is aware of the probable dangerous consequences of [his] [her] conduct and willfully and deliberately fails to avoid those consequences.]
["Oppression" means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.]
["Despicable conduct" is conduct which is so [vile,] [base,] [contemptible,] [miserable,] [wretched,] [or] [loathsome] that it would be looked down upon and despised by ordinary decent people.]
["Fraud" means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.]
The law provides no fixed standards as to the amount of such punitive damages, but leaves the amount to the jury's sound discretion, exercised without passion or prejudice.
In arriving at any award of punitive damages, you are to consider the following:
(1) The reprehensibility of the conduct of the defendant.
(2) The amount of punitive damages which will have a deterrent effect on the defendant in the light of defendant's financial condition.
[(3) That the punitive damages must bear a reasonable relation to the injury, harm, or damage actually suffered by the plaintiff.]
If you find that plaintiff is entitled to an award of punitive damages against defendant, you shall state the amount of punitive damages separately in your verdict. | TOP |
If you find that plaintiff suffered actual injury, harm, or damage caused by __________ (cause of action), you must decide in addition whether by clear and convincing evidence you find that there was [oppression] [malice] [or] [fraud] in the conduct on which you base your finding of liability.
["Oppression" means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.]
["Malice" means conduct which is [intended by the defendant to cause injury to the plaintiff] [or] [despicable conduct which is carried on by the defendant with a willful and conscious disregard for the [rights] [or] [safety] of others].] [A person acts with conscious disregard of the rights or safety of others when [he] [she] is aware of the probable dangerous consequences of [his] [her] conduct and willfully and deliberately fails to avoid those con-sequences.]
["Despicable conduct" is conduct which is so [vile,] [base,] [contemptible,] [miserable,] [wretched,] [or] [loathsome] that it would be looked down upon and despised by ordinary decent people.]
["Fraud" means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.] | TOP | )
You must now determine whether you should award punitive damages against defendant[s] [__________ only], for the sake of example and by way of punishment. Whether punitive damages should be imposed, and if so, the amount thereof, is left to your sound discretion, exercised without passion or prejudice.
If you determine that punitive damages should be assessed against a defendant, in arriving at the amount of such an award, you must consider:
(1) The reprehensibility of the conduct of the defendant;
(2) The amount of punitive damages which will have a deterrent effect on the defendant in the light of defendant's financial condition;
[(3) That the punitive damages must bear a reasonable relation to the injury, harm, or damage actually suffered by the plaintiff.] | TOP |
You may find [a] [an] ____________________ (principal) (employer) guilty of [oppression] [malice] [or] [fraud] based upon acts of an ____________________ (agent) (employee) if, but only if, you find by [clear and convincing evidence] [a preponderance of the evidence] that:
[The ____________________ (principal) (employer) had advance knowledge of the unfitness of the __________________ (agent) (employee) and with a conscious disregard of the rights and safety of others employed that person[.] [,or]
[The ____________________ (principal) (employer) [authorized] [or] [ratified] the conduct which is found to be [oppression] [malice] [or] [fraud].]
[If the ____________________ (principal) (employer) is a corporation, the [act of oppression, fraud or malice,] [advance knowledge and conscious disregard,] [authorization,] [or] [ratification] must be on the part of an officer, director, or managing agent of the corporation.] | TOP |
Punitive damages may be awarded against [a] [an]
__________ (principal) (employer) for acts of the __________, (agent) (employee) if, but only if, you find by [clear and convincing evidence] [a preponderance of the evidence] that:
[The __________ (principal) (employer) had advance knowledge of the unfitness of the __________ (agent) (employee) and with a conscious disregard of the rights and safety of others employed that person.] [, or]
[The __________ (principal) (employer) [authorized] [or] [ratified] the conduct which is found to be [oppression] [malice] [or] [fraud].]
[If the __________ (principal) (employer) is a corporation, the [act of oppression, fraud or malice,] [advance knowledge and conscious disregard,] [authorization,] [or] [ratification,] must be on the part of an officer, director, or managing agent of the corporation.] | TOP |
An __________ (agent) (employee) acts in a managerial capacity where the degree of discretion permitted the __________ (agent) (employee) in making decisions is such that the __________ (agent's) (employee's) decisions will ultimately determine the business policy of the __________ (principal) (employer). | TOP |
(1) voluntarily drinks alcoholic beverages to that point of intoxication which sharply impairs defendant's physical and mental faculties,
(2) knows when the drinking begins that [he] [she] is going to operate a motor vehicle,
(3) operates a motor vehicle in that intoxicated condition,
(4) is aware from the outset of the probable consequences of such conduct, and
(5) willfully and deliberately fails to avoid those consequences,
acts with conscious disregard for the [safety] [or] [rights] of others. | TOP |
"Economic damages" means [objectively verifiable] monetary losses such as [past and future] [medical expenses,] [loss of [past and future] earnings,] [burial costs,] [loss of use of property,] [costs of [repair] [or] [replacement],] [costs of obtaining domestic services,] [loss of employment] [and] [loss of business or employment opportunities].
"Non-economic damages" means [subjective] non-monetary losses such as [pain, suffering, inconvenience, mental suffering, emotional distress,] [loss of society and companionship,] [loss of consortium,] [humiliation] [and] [injury to reputation]. | TOP |
If you find that plaintiff's injury was caused by a combination of [negligence] [fault] [wrongful conduct] [a defective product] of [one or more of] the defendant[s] [and of all other persons] [and contributory negligence of the plaintiff], you will determine the amount of [all] damages to be awarded by you, as follows:
First: You will determine the total amount of [all economic and non-economic] damages to which the plaintiff would be entitled under the court's instructions if plaintiff had not been contributorily negligent.
Second: You will determine what proportion or percentage is attributable to the plaintiff of the total combined [negligence] [fault] [wrongful conduct] of the plaintiff and of the defendant[s] [and of all other persons] whose fault contributed to the injury.
Third: You will then reduce [both] the total amount of plaintiff's [economic] damages [and plaintiff's non-economic damages] by the proportion or percentage of negligence attributable to the plaintiff.
Fourth: The resulting amount of [economic] damages will be the amount of plaintiff's award for [economic] damages against [all] defendant[s] found liable.
[Fifth: As to non-economic damages, each defendant found liable shall only be responsible to the plaintiff for the amount of the total non-economic damages that is proportionate to the percentage of fault attributable to that defendant, and each defendant's liability for non-economic damages shall be accordingly reduced.]
Sixth: The resulting amount[s], after making such reduction, will be the amount[s] of your verdict[s]. | TOP |
In order to determine the proportionate share of the total fault attributable to the plaintiff, you will of necessity be required to evaluate the combined negligence of the plaintiff and the [negligence] [or] [wrongful conduct] [or] [defective product] of the defendant[s] [and of all other persons] whose [negligence] [or] [wrongful conduct] [or] [defective product] contributed as a cause to plaintiff's injury.
In comparing the fault of such persons you should consider all the surrounding circumstances as shown by the evidence. | TOP |