N.C.P.I.—Civil 745.01

The (state number) issue reads:

“Did the defendant fail to make (or to arrange to have made)

repairs necessary to conform the plaintiff's new motor vehicle to all

applicable express warranties covering that vehicle?”

On this issue the burden of proof is on the plaintiff. 2 This means

that the plaintiff must prove, by the greater weight of the evidence, five

things:

First, that the (name vehicle) was a new motor vehicle3 at the time

of its [sale] [lease].

Second, that the defendant4 covered the (name vehicle) with an

express warranty.5

Third, that within [one year or 12,000 miles]6 [state any greater

warranty term set forth in the express warranty]7 following original

delivery of the (name vehicle) to the plaintiff, the (name vehicle) failed

to conform to all applicable express warranties.

Fourth, that the plaintiff reported the nonconformity to the

[defendant] [defendant's agent] [defendant's authorized dealer] within

[one year or 12,000 miles] [state any greater warranty term set forth in

the express warranty] following original delivery of the (name vehicle) to

the plaintiff.8

And Fifth, that the defendant failed to make (or arrange to have

made) the necessary repairs.

Finally, as to this issue on which the plaintiff has the burden of

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

defendant failed to make (or arrange to have made) repairs necessary to

conform the plaintiff's new motor vehicle to all applicable express

warranties covering that vehicle, 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.