Proposed Mississippi Plain Language Model Jury Instructions - Civil 3016

General Instruction

[Name of plaintiff] claims that [name of agent]’s negligence harmed or injured [name of

plaintiff] and that [name of defendant principal] is legally responsible for [name of plaintiff]’s

damages. To establish this claim, [name of plaintiff] must prove all of the following are more

likely true than not true:

1. [Name of agent] was negligent;

2. [Name of plaintiff] suffered damages as a result of [name of agent]’s negligence;

3. [Name of agent]’s negligence was a substantial factor in causing [name of plaintiff]’s

damages;

4. [Name of agent] was [name of defendant principal]’s ________________ [specify agent,

employee, or other relationship]; and

5. [Name of agent] was acting within the scope of [his/her] _________________ [specify

agency, employment, work, or other relationship] when [name of agent] harmed or injured [name

of plaintiff].

Definition(s) in this Instruction:

In this instruction, “negligence” or “negligent” means doing something that a reasonably

careful [person/business/corporation] would not do under similar circumstances or failing to do

something that a reasonably careful [person/business/corporation] would do under similar

circumstances.

Verdict Form

We answer the questions submitted to us as follows:

1. Was [name of agent] negligent?

YES _______ NO _______

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop

here and tell the bailiff.

2. Did [name of plaintiff] suffer damages as a result of [name of agent]’s negligence?

YES _______ NO _______

If your answer to question 2 is YES, then answer question 3. If you answered NO, stop

here and tell the bailiff.

3. Was [name of agent]'s negligence a substantial factor in causing [name of plaintiff]’s

damages?

YES _______ NO _______

If your answer to question 3 is YES, then answer question 4. If you answered NO, stop

here and tell the bailiff.

4. Was [name of agent] [name of defendant principal]’s __________________ [specify agent,

employee, or other relationship]?

YES _______ NO _______

If your answer to question 4 is YES, then answer question 5. If you answered NO, stop

here and tell the bailiff.

5. Was [name of agent] acting within the scope of [his/her] ____________________ [specify

agency, employment, or other relationship] when [name of agent] harmed or injured [name of

plaintiff]?

YES _______ NO _______

If your answer to question 5 is YES, then answer question 6. If you answered NO, stop

here and tell the bailiff.

6. What are [name of plaintiff]’s damages?

$__________ TOTAL

After you have filled out the verdict form, please tell the bailiff that you have reached a verdict.