N.C.P.I.—Civil 800.22

The (state number) issue reads:

"What amount is the plaintiff entitled to recover?"

If you have answered the (state number) issue "Yes" [and the

(state number)1 issue "Yes"] in favor of the plaintiff, the plaintiff is

entitled to recover nominal damages even without proof of actual

damages. Nominal damages consist of some trivial amount such as one

dollar in recognition of the technical injury incurred by the plaintiff.

The plaintiff may also be entitled to recover actual damages.2 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 present

value in money of actual damages to the plaintiff resulting from the

wrongful conduct of the defendant.3 In determining this amount of

money, if any, you may consider

[the plaintiff's loss of the [love] [affection] [society] [assistance]

[companionship] [comfort] [sexual relationship] [favorable mental

attitude] which previously existed between the plaintiff and his

spouse]4

[any mental anguish, shame, humiliation or disgrace suffered by the

plaintiff]5

[any injury to the plaintiff's [health] [feelings] or [reputation]]6

[any loss of support].7

If you determine that any damages incurred by the plaintiff will

continue into the future, the amount you allow as future damages must

be reduced to its present value, because a smaller sum received now is

equal to a larger sum received in the future.

(If a per diem argument is made, adapt and use

N.C.P.I.-General Civil 810.51 in place of the following.)

I instruct you that if you reach this issue, your decision must be

based upon the evidence and the rules of law I have given you with

respect to the measure of damages. You are not required to accept the

measure of damages suggested by the parties or their attorneys. Your

award must be fair and just. You should not award or withhold anything

on the basis of sympathy or pity.

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,

the present value in money of actual damages to the plaintiff resulting

from the wrongful conduct of the defendant, then it would be your duty to

write that amount in the blank space provided.

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

to write a nominal sum such as one dollar in the blank space provided.