N.C.P.I.—Motor Vehicle 102.70

This (state number) issue reads:

"Was the plaintiff [injured] [damaged] as a result of the

defendant's sale of an alcoholic beverage to an underage person?"

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, six

things:

First, that the defendant [sold][furnished] (specify alcoholic

beverage) to (name underage person).2

Second, that at the time of the [sale] [furnishing] (name underage

person) was under the age of 21 years.

Third, that, in [selling] [furnishing] the alcoholic beverage to (name

underage person), the defendant failed to exercise that degree of care

which a reasonable person would have exercised under the same or

similar circumstances. In determining whether the defendant failed to

exercise the degree of care required, you may consider

[whether the defendant [sold] [furnished] (specify alcoholic

beverage) to (name underage person) without requesting identification]

[whether (name underage person) misrepresented his age]

[whether the [sale] [furnishing] was made under duress]

[whether the defendant took reasonable precautions3 to avoid

[selling] [furnishing] alcoholic beverages to an underage person]

Fourth, that (name underage person) became subject to an

impairing substance.

[A person is under the influence of an impairing substance when he

has consumed a sufficient quantity of an impairing substance to cause

him to lose the normal control of his physical or mental faculties, or both,

to such an extent that there is an appreciable impairment of either or

both of these faculties. (Name impairing substance) is an impairing

substance.4]

[A person is (also) impaired when he has consumed a sufficient

quantity of alcohol that at any relevant time after the driving he has an

alcohol concentration of 0.08 or more grams of alcohol per [210 liters of

breath] [100 milliliters of blood]. A relevant time is any time after the

driving in which the operator still has in his body alcohol consumed before

or during the driving.]5

Fifth, that such impairment was caused or contributed to by

consumption of the (specify alcoholic beverage) that defendant [sold]

[furnished] to (name underage person).

And Sixth, that, while so impaired, (name underage person) was

negligent in the operation of a (describe vehicle), and that such

negligence was a proximate cause of plaintiff's [injury] [damage].6

[(Here instruct on negligence and proximate cause if

not already defined. See N.C.P.I.-Motor Vehicle

102.10, 102.20, 102.35, and other applicable motor

vehicle negligence instructions.)]

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

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

has proven each of the six things on which you have just been instructed,

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.7