Proposed Mississippi Plain Language Model Jury Instructions - Civil 3809

Standard of Care

If there is no working traffic light or signal, a person driving a motor vehicle has a duty to

yield the right-of-way to a pedestrian who is crossing the road in a marked crosswalk or in an

unmarked crosswalk at an intersection.

General Instruction

[Name of plaintiff] claims that [name of defendant] failed to yield the right-of-way to

[name of plaintiff] and injured [name of plaintiff]. [Name of plaintiff] claims that [name of

defendant] 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 plaintiff] was crossing __________ [specify the road] in a marked crosswalk or in an

unmarked crosswalk at __________ [specify the intersection];

2. At that time, [name of defendant] was driving on __________ [specify the road];

3. [Name of defendant] failed to yield the right-of-way to [name of plaintiff];

4. [Name of plaintiff] suffered damages as a result of [name of defendant]’s failure to yield the

right-of-way to [name of plaintiff]; and

5. [Name of defendant]’s failure to yield the right-of-way to [name of plaintiff] was a substantial

factor in causing [name of plaintiff]’s damages.

Verdict Form

We answer the questions submitted to us as follows:

1. Was [name of plaintiff] crossing __________ [specify the road] in a marked crosswalk or in

an unmarked crosswalk at __________ [specify the intersection]?

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. At that time, was [name of defendant] driving on __________ [specify the road]?

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. Did [name of defendant] fail to yield the right-of-way to [name of plaintiff]?

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 [name of plaintiff] suffer damages as a result of [name of defendant]’s failure to yield the

right-of-way to [name of plaintiff]?

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 yield the right-of-way to [name of plaintiff] a substantial

factor in causing [name of plaintiff]’s damages?

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