N.C.P.I.—Civil 745.11

NOTE WELL: The Appendix contains a worksheet that the Court

may want to provide to the jury, but it is not mandatory to do so.

The (state number) issue reads:

“What amount of damages is the plaintiff entitled to recover from the

defendant?”1

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

issue “Yes” in favor of the plaintiff2 and the (state number) issue “Yes” in favor

of the plaintiff3 [and the (state number) issue “No” in favor of the plaintiff4].

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

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

damages which the law permits the plaintiff to recover.5 The law provides

that the plaintiff6 may recover an amount equal to one hundred five percent

(105%) of the actual purchase cost of the vehicle to the plaintiff less

eighty-five percent (85%) of the amount actually paid by the consumer to the

plaintiff pursuant to the lease.7

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

you find by the greater weight of the evidence the amount of damages the

plaintiff is entitled to recover from the defendant, then it would be your duty to

write that amount in the blank space provided.

Civil 745.11

Formula for Calculating the Plaintiff’s Damages

When the Plaintiff is a Lessor

(N.C. Gen. Stat. § 20-351.3(b)(2))

(1) Lease Price (which is the Actual

Purchase Cost of Vehicle to the

Plaintiff-Lessor)

___________________ x 105%

Minus -

(2) Actual amount Paid by the

Consumer to the Plaintiff-Lessor

Pursuant to the Lease

___________________ x 85%

Equals =

Total Damages Awarded to the

Plaintiff-Lessor