Proposed Mississippi Plain Language Model Jury Instructions - Civil 3107

General Instruction

[Name of plaintiff] claims that [name of defendant]’s __________ [specify type of

livestock] entered or roamed onto a federal or state designated paved highway or highway right

of way and caused [name of plaintiff] damages. To establish this claim, [name of plaintiff] must

prove all of the following are more likely true than not true:

1. [Name of defendant] owned a __________ [specify type of livestock];

2. [Name of defendant] did not take reasonable steps to keep the _________ [specify type of

livestock] from entering or roaming onto a federal or state designated paved highway or highway

right of way;

3. [Name of defendant]’s ___________ [specify type of livestock] entered or roamed onto a

federal or state designated paved highway or highway right of way, specifically ____________

[specify the federal or state designated paved highway or highway right of way];

4. The __________ [specify type of livestock] harmed or injured [name of plaintiff] by causing

_________________________ [describe events that allegedly caused plaintiff’s harm or injury,

such as an accident]; and

5. [Name of defendant]’s failure to take reasonable steps to keep the __________ [specify type of

livestock] from entering or roaming onto the federal or state designated paved highway or

highway right of way was a substantial factor in causing [name of plaintiff]’s damages.

Verdict Form

We answer the questions submitted to us as follows:

1. Did [name of defendant] own a __________ [specify type of livestock]?

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 defendant] take reasonable steps to keep the _________ [specify type of

livestock] from entering or roaming onto a federal or state designated paved highway or highway

right of way?

YES _______ NO _______

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

here and tell the bailiff.

3. Did [name of defendant]’s ___________ [specify type of livestock] enter or roam onto a

federal or state designated paved highway or highway right of way, specifically ____________

[list the federal or state designated paved highway or highway right of way]?

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. Did the __________ [specify type of livestock] harm or injure] [name of plaintiff] by causing

_________________________ [describe events that allegedly caused plaintiff’s harm or injury,

such as an accident]?

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 defendant]’s failure to take reasonable steps to keep the __________ [specify

type of livestock] from entering or roaming onto a federal or state designated paved highway or

highway right of way a substantial factor in causing [name of plaintiff]’s damages?

YES _______ NO _______

If your answers to questions 1, 3, 4, and 5 are YES and your answer to question 2 is NO,

then answer question 6. If you answered NO to question 5, 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.