Proposed Mississippi Plain Language Model Jury Instructions - Civil 3705

Standard of Care

If a railroad track crosses a highway and it is necessary to either raise or lower the

highway, then the railroad company must make proper and easy grades so that the railroad track

may be easily and conveniently crossed. The railroad company must also reasonably maintain the

grade crossings in good condition or order.

General Instruction

[Name of plaintiff] claims that [name of defendant railroad] failed to properly keep or

maintain its grade crossing and that [name of defendant railroad]’s failure harmed or injured

[name of plaintiff]. [Name of plaintiff] claims that [name of defendant railroad] 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 defendant railroad] [owned/leased/controlled] the railroad track at

________________ [specify railroad crossing];

2. [Name of defendant railroad] did not reasonably maintain its grade crossing located at

_______________ [specify railroad crossing];

3. [Name of plaintiff] was harmed or injured at _______________ [specify railroad crossing] by

_______________ [describe alleged actions causing plaintiff’s damages]; and

4. [Name of defendant railroad]’s failure to reasonably maintain its grade crossing located at

______________ [specify railroad crossing] 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 railroad] [own/lease/control] the railroad track at ________________

[specify railroad crossing]?

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 railroad] reasonably maintain its grade crossing located at

_______________ [specify railroad crossing]?

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. Was [name of plaintiff] harmed or injured at _______________ [specify railroad crossing] by

_______________ [describe alleged actions causing 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 defendant railroad]’s failure to reasonably maintain its grade crossing located at

______________ [specify railroad crossing] a substantial factor in causing [name of plaintiff]’s

damages?

YES _______ NO _______

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

then answer question 5. If you answered NO to question 4, stop here and tell the bailiff.

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

$__________ TOTAL