CJI-Civ. 26:5

Plaintiff, (name), has the burden of proving, by a preponderance of the evidence, the

nature and extent of (insert applicable pronoun) damages. If you find in favor of the

plaintiff, you must determine the total dollar amount of plaintiff’s damages, if any, that

were caused by the breach of fiduciary duty by the defendant(s), (name[s]), (and the [insert

appropriate description, e.g., “negligence”], if any, of any designated nonparties).

In determining such damages, you shall consider the following:

1. Any noneconomic losses or injuries which plaintiff has had or will probably have

in the future, including: [insert any recoverable noneconomic losses for which there is

sufficient evidence]; and

2. Any economic losses which plaintiff has had or will probably have in the future,

including:

(a. Anything of value or any profit the defendant, [name], received as a result of the

breach of fiduciary duty);

(b. Any loss of the plaintiff’s property or assets caused by the breach of the fiduciary

duty);

(c. Any loss of [profits] [or] [income] which plaintiff could reasonably have expected

to earn had the fiduciary duty not been breached);

(d. Any [loss] [damage] which plaintiff has had as a result of a third person making

a claim against [insert applicable pronoun] because of the breach of fiduciary duty); and

(e. [insert any other recoverable economic losses for which there is sufficient evidence]).