MS · jury_instructions

Proposed Mississippi Plain Language Model Jury Instructions - Civil 5005

Damages - Mental Suffering - With or Without Actual Harm or Injury

activein force · 2012-02-17 – presentas-observed

If you find that it is more likely true than not true that the defendant’s actions were

intentional or reckless, then you may award the plaintiff damages for mental suffering even if

[he/she] did not prove that [he/she] had an actual harm or physical injury.

However, if you find that __________________________________ [specify (1) the

defendant simply did not act as a reasonable [person/party] would have under the same or similar

circumstances or (2) the defendant’s actions were simply negligent], then you may not award the

plaintiff damages for mental suffering unless [he/she] proves that it is more likely true than not

true that [he/she] suffered an actual harm or physical injury.

History

Proposed Mississippi Plain Language Model Jury Instructions - Civil 5005 (current as of February 17, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.

Provenance

Source: courts.ms.gov
Retrieved: 2026-09-25
Edition: 2026-09-25
Content hash: 647c61eb97bfdb33fa8648bf17aaefb8c863b898aefebd16561d8985f4399ecb

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