N.C.P.I.—Civil 640.46

NOTE WELL: In most cases, the plaintiff's status as an

employee is stipulated. If the plaintiff's employee

status is not stipulated, the jury must find it as a fact.

In that situation, the Court must first submit the

employment status issue to the jury using N.C.P.I.—

Civil 640.00.

The (state number) issue reads:

“Was the plaintiff [injured] [killed] by conduct intentionally engaged

in by the defendant with the knowledge that the conduct was

substantially certain to cause serious injury or death to an employee?”2

(You will answer this issue only if you have answered the (state

number) issue regarding the plaintiff's employment status “Yes” in favor

of the plaintiff.)3

On this issue the burden of proof is on the plaintiff. This means

the plaintiff must prove, by the greater weight of the evidence, two

things:

First, that the defendant4 intentionally engaged in conduct knowing

that it was substantially certain to cause serious injury or death to an

employee.5 Actual intent to cause serious injury or death is not

necessary.6 However, the employer's conduct must be more than willful,

wanton or reckless.7

Second, the conduct intentionally engaged in by the defendant

caused the plaintiff's injury or death. A “cause” is an event or occurrence

which in a natural and continuous sequence produces a person's injury or

death.

Finally, as to this (state number) issue on which the plaintiff has

the burden of proof, if you find by the greater weight of the evidence that

the plaintiff was [injured] [killed] by conduct intentionally engaged in by

the defendant with the knowledge that it was substantially certain to

cause serious injury or death to an employee, then it would be your duty

to answer this issue “Yes” in favor of the plaintiff.

If, on the other hand you fail to so find, then it would be your duty

to answer this issue “No” in favor of the defendant.