Conn. Civ. Jury Instr. 3.18-1

In the <insert count number> count, the plaintiff, <insert name of plaintiff>, alleges that the

defendant, <insert name of defendant>:

<Insert specific allegations of reckless conduct.>

It is unnecessary to prove that the defendant actually intended to harm the plaintiff in order to

establish that (he/she) acted recklessly. However, there is a wide difference between reckless

behavior and mere negligence or even gross negligence. Thoughtlessness and inadvertence are

not recklessness. Recklessness implies a conscious disregard of a high risk or egregious

misconduct that involves an extreme departure from ordinary care and where danger is apparent.

It connotes a willingness to take high risks, without regard to the consequences or the safety of

others.

The state of mind amounting to recklessness may be inferred from conduct, but in order to infer

it there must be something more than a failure to exercise a reasonable degree of watchfulness.

To be reckless, the actor must recognize that his or her action or failure to act involves a risk to

others substantially greater than that which is necessary to constitute negligence. It requires a

conscious choice of a course of action either with knowledge that it will involve serious danger

to others or with knowledge of facts which would disclose this danger to any reasonable person.

Where several acts of recklessness are the cause of but one injury, the plaintiff may allege all of

the specific acts of recklessness in a single count as the cause of the injuries sustained. Proof of

any one of those specific acts is sufficient to sustain the plaintiff's burden of proving that the

defendant acted recklessly.

In order for the plaintiff to prevail on this count, the plaintiff must prove, by a preponderance of

the evidence that:

1. The defendant engaged in the reckless conduct alleged; and

2. This reckless conduct proximately caused the injuries and damages claimed by

the plaintiff.

If the plaintiff has failed to prove either element, then you must return a verdict in favor of the

defendant on this count. If you find that the plaintiff has proven each element, then you would

proceed to determine damages in accordance with my instructions as to this form of recklessness

and fill out the appropriate plaintiff's verdict form.

Authorities

Matthiessen v. Vanech, 266 Conn. 822, 832-34 (2003); Frillici v. Westport, 264 Conn. 266,

277-78 (2003); Dubay v. Irish, 207 Conn. 518, 532-33 (1988); Duley v. Plourde, 170 Conn. 482,

485 (1976).

PART 4: CONTRACTS

NOTE: Use these instructions for common-law contract claims only. Do not use for claims

under the Uniform Commercial Code. Uniform Commercial Code charges are in Part 5.3.