N.C.P.I.—Civil 805.66

NOTE WELL: The jury should answer this issue only if

it has answered the issue as to the defendant's willful

or wanton conduct "yes" in favor of the plaintiff.

The (state number) issue reads:

"Did the plaintiff, by his own willful or wanton conduct, contribute

to his [injury] [damage]?"

You will answer this issue only if you have answered the issue as

to the defendant's willful or wanton conduct "yes" in favor of the plaintiff

in the previous issue. Ordinarily, such an answer would entitle the

plaintiff to recover. However, there is a complete defense to liability,

called contributory willful or wanton conduct, which would prevent the

plaintiff's recovery of damages. Contributory willful or wanton conduct

occurs when the conduct of the plaintiff goes beyond ordinary negligence

and is willful or wanton.

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

that the defendant must prove, by the greater weight of the evidence,

that the plaintiff engaged in willful or wanton conduct and that such

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

An act is willful if the plaintiff intentionally1 fails to carry out some

duty imposed by law or contract which is necessary to protect the safety

of the person or property to which it is owed.2

An act is wanton if the plaintiff acts in conscious or reckless

disregard for the rights and safety of others.3

As to this issue, the defendant contends and the plaintiff denies

that the plaintiff engaged in willful or wanton conduct. Whether or not

such conduct occurred is for you to decide.

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

and therefore contributed to his own [injury] [damage], he cannot

recover.

Willful or wanton conduct is not to be presumed from the mere fact

that [injury] [damage] occurred. Proximate cause is not to be presumed

from the mere existence of willful or wanton conduct.

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

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

plaintiff's conduct was willful or wanton, and that such willful or wanton

conduct was a proximate cause of plaintiff's [injury] [damage], then it

would be your duty to answer this issue "Yes" in favor of the defendant.

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 plaintiff.