N.C.P.I.—Civil 810.32

NOTE WELL: Although the claims of a parent and an

injured child as a result of a single act of negligent or

wrongful conduct can be joined under N.C. Gen. Stat. §

1A-1, Rule 20, they remain separate damage issues.

The (state number) issue reads:

“What amount is (state name of parent) entitled to recover for the

personal injury1 to (state name of child)?”

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

(state name child), (state name of parent) is entitled to nominal

damages even without proof of actual damages. Nominal damages

consist of some trivial amount such as one dollar in recognition of the

technical damages incurred by (state name of parent).

(State name of parent) may also be entitled to recover actual

damages. On this issue the burden of proof is on (state of name parent).

This means (state name of parent) must prove, by the greater weight of

the evidence, the amount of actual damages [proximately caused by the

negligence] [caused by the wrongful conduct] of the defendant. (State

name of parent) is entitled to fair compensation for the actual

[loss of services of (state name of child)]

[loss of earnings of (state name of child)]

[necessary expenses incurred for medical treatment of (state name

of child)’s injuries]

[proximately caused by the negligence] [caused by the wrongful

conduct] of the defendant.

In considering this issue, you must not duplicate any damages you

have already awarded to (state name of child). Thus, any damages you

award (state name of parent) may not include any compensation which

can only be claimed by (state name of child), such as [loss of earnings

after the age of majority] [scars or disfigurement] [loss (of use) of part of

the body] [pain and suffering] [permanent injury] [state any other type of

damage at issue in child’s case-in-chief]. You must limit your

consideration to (state name of parent)’s actual [loss of services of

(state name of child)] [loss of earnings of (state name of child)]

[necessary expenses incurred for medical treatment of (state of name

child)’s injuries]. The total of all damages are to be awarded in one lump

sum. I will now explain the law of damages as it relates to each of

these.

[Loss of Services. A parent is entitled to the services of his child

during minority.2 Where the child’s services are lost as a [proximate

result of the negligence] [result of the wrongful conduct] of a person, the

parent is entitled to fair compensation. Loss of services, whether

voluntary or obligatory, includes the monetary value of reasonably

expected services, protection, care and assistance from the child.3

[Loss of Earnings. A parent is entitled to the earnings of his child

during minority. Where these earnings are lost as a [proximate result of

the negligence] [result of the wrongful conduct] of a person, the parent is

entitled to fair compensation. Loss of earnings includes the amount the

child would have earned but for the [loss of time] [the inability to work]

[the reduced capacity to earn money] [proximately caused by the

negligence] [caused by the wrongful conduct] of another. You may

consider:

[the child's age and occupation]

[the nature and extent of the child’s employment]

[the value of the child’s services]

[the amount of the child’s income from fixed salary or wages at the

time of his injury]

[disability or disfigurement affecting the child’s earning capacity]

[loss of profits from the child’s business or profession]

[specify any other factor supported by the evidence].]

[Necessary Medical Expenses. A parent is under a duty to support

his child during minority, including a duty to care for the child.4 As such,

a parent is liable for any necessary medical treatment received by the

child. Thus, a parent is entitled to fair compensation for any reasonably

necessary medical expenses for the child [proximately resulting from the

negligence] [resulting from the wrongful conduct] of a person. Medical

expenses include the actual amounts paid or incurred by the parent for

hospital, doctors’ and drug bills, and other reasonably necessary medical

expenses.]

You are instructed that (state name of parent) is entitled to recover

for [the loss of services of (state name of child)] [the loss of earnings of

(state name of child)] [the necessary expenses incurred for the medical

treatment of (state of name child)’s injuries] only for so long as (state

name of child) is a minor. Once (state name of child) [attains the age of

eighteen] [becomes emancipated]5, (state name of parent) is no longer

entitled to [(state name of child)’s services] [(state name of child)’s

earnings] [reimbursement for (state name of child)’s necessary medical

expenses]6.

Any damages you award (state name of parent) must be limited to the

period of time before (state name of child) [turns eighteen] [becomes

emancipated].

(Use the next paragraph only if there is evidence which would

justify a finding that services or earnings will be lost or additional

medical expenses will be incurred in the future: [Lost services] [Lost

earnings] [Necessary medical expenses] also include the amount which

you find, by the greater weight of the evidence, will hereafter [be lost]

[be paid or incurred by (state name of parent) for necessary medical

expenses] as a [proximate result of the negligence] [result of the

wrongful conduct] of the defendant until the time (state name of child)

reaches eighteen. However, any amount you allow for future [lost

services] [lost earnings] [necessary medical expenses] must be reduced

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

larger sum received in the future. These future losses are limited to the

period from now until the child reaches the age of eighteen.) (There is

evidence before you that (state name of parent)’s actual damages for

future [lost services] [lost earnings] [necessary medical expenses] have

already been reduced to their present value. Whether they have in fact

been so reduced is for you to determine from the evidence and from your

logic and common sense. However, if you find that (state name of

parent)’s actual damages for future [lost services] [lost earnings]

[necessary medical expenses] have already been reduced to present

value, you must not reduce them again.))

I instruct you that your findings on the (state issue number) issue

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 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 the (state issue number) issue on which (state name

of parent) has the burden of proof, if you find by the greater weight of

the evidence the amount of actual damages [proximately caused by the

negligence] [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 a nominal sum such as “One Dollar” in the blank space provided.