N.C.P.I.—Civil 805.65

NOTE WELL: Use for claims arising before 1 October

2011. For claims arising on or after 1 October 2011, use

the N.C.P.I-Civil 805.64 series.

The (state number) issue reads:

"Was the plaintiff [injured] [damaged] [death] proximately caused by

the willful or wanton conduct of the defendant?"

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

number) issue "No" in favor of the defendant. If you answered the (state

number) issue "Yes" in favor of the plaintiff, you will answer the (state

preceding issue) and not this one.)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, that

the defendant acted willfully or wantonly and that such willful or wanton

conduct was a proximate cause of the plaintiff's [injury] [damage]

[death].

[An owner] [A person in possession] is under a duty not to cause

[injury] [damage] [death] to a trespasser by willful or wanton conduct.

An act is willful if the [owner] [person in possession] intentionally3

fails to carry out a duty imposed by law or contract which is necessary to

protect the safety of the person or property to which the duty is owed.4

An act is wanton if the [owner] [person in possession] acts in

conscious or reckless disregard for the rights and safety of others.5

(The [owner] [person in possession] is not required to anticipate

the presence of a trespasser.)

The plaintiff not only has the burden of proving willful or wanton

conduct, but also that such willful or wanton conduct was a proximate

cause of the [injury] [damage] [death].

Proximate cause is a cause which in a natural and continuous

sequence produces a person's [injury] [damage] [death], and is a cause

which a reasonable and prudent person could have foreseen would

probably produce such [injury] [damage] [death] or some similar injurious

result.

There may be more than one proximate cause of [an injury]

[damage] [death]. Therefore, the plaintiff need not prove that the

defendant's willful or wanton conduct was the sole proximate cause of

the [injury] [damage] [death]. The plaintiff must prove, by the greater

weight of the evidence, only that the defendant's willful or wanton

conduct was a proximate cause.

As to this (state number) issue, the plaintiff contends, and the

defendant denies, that the defendant engaged in willful or wanton

conduct in one or more of the following ways:

(Read all contentions of willful or wanton conduct supported by the

evidence.)

The plaintiff further contends, and the defendant denies, that the

defendant's willful or wanton conduct was a proximate cause of the

plaintiff's [injury] [damage] [death].

I instruct you that willful or wanton conduct is not to be presumed

from the mere fact of [injury] [damage] [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 defendant acted willfully or wantonly (in any one or more of the

ways contended by the plaintiff) and that such willful or wanton conduct

was a proximate cause of plaintiff's [injury] [damage] [death], 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.