N.C.P.I.—Civil 800.73

NOTE WELL: This instruction1 is designed to be used

with N.C.P.I.—Civil 800.72 (“Invasion of Privacy—

Disclosure of Private Images”) and N.C.P.I.—Civil

800.74 (“Invasion of Privacy—Disclosure of Private

Images—Liquidated Damages”).

The (state number) issue reads:

“What amount is the plaintiff entitled to recover from the defendant

for the disclosure of the private image(s) of the plaintiff?”

If you have answered the (state number) issue “Yes” in favor of the

plaintiff, then you must determine whether the plaintiff is entitled to

recover actual damages. 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 actual damages caused by the wrongful

conduct of the defendant.

(Here give appropriate instructions as to the type of damage

claimed if supported by the evidence, e.g.,

N.C.P.I.—Civil—810.04 (“Personal Injury Damages—Medical

Expenses”),

N.C.P.I.—Civil—810.06 (“Personal Injury Damages—Loss of Earnings”),

N.C.P.I.—Civil—810.08 (“Personal Injury Damages—Pain and

Suffering”), etc.)1

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

based on 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 amount of

damages suggested by the parties or their attorneys. Your award must be

fair and just. You should remember that you are not seeking to punish

either party, and you are not awarding or withholding 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 amount of actual damages proximately caused by 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 “None” in the blank space provided.