N.C.P.I.—Motor Vehicle 106.14

NOTE WELL: When this instruction is given, you should also give

N.C.P.I.-Civil (MV) 106.16 - Future Worth in Present Value.

Damages for personal injury also include fair compensation for

permanent injury. 1 An injury is permanent when any of its effects will

continue throughout the plaintiff's life.2 These effects may include

[medical expenses]

[loss of earnings]

[pain and suffering]

[scarring or disfigurement]

[(partial) loss (of use) of part of the body]

[(state any other element of damages supported by the evidence)]

to be incurred or experienced by the plaintiff over his life expectancy.

However, the plaintiff is not entitled to recover twice for the same element of

damages. Therefore, you should not include any amount you have already

allowed for [medical expenses] [loss of earnings] [pain and suffering] [scarring

or disfigurement] [(partial) loss (of use) of part of the body] because of

permanent injury.

Life expectancy is the period of time the plaintiff may reasonably be

expected to live. The life expectancy tables are in evidence.3 They show that

for someone of the plaintiff's present age, (state present age), his life

expectancy is (state expectancy) years.4

In determining the plaintiff's life expectancy, you will consider not only

these tables, but also all other evidence as to his health, his constitution and

his habits.5

NOTE WELL: N.C. Gen. Stat. § 8-46, as amended by S.L.

1997-133, effective June 4, 1997, provides as follows:

8-46. Mortality tables as evidence.

Whenever it is necessary to establish the expectancy of continued life of any person

from any period of the person's life, whether the person is living at the time or not, the

table hereto appended shall be received in all courts and by all persons having power

to determine litigation, as evidence, with other evidence as to the health, constitution

and habits of the person, of such expectancy represented by the figures in the

columns headed by the words "completed age" and "expectation" respectively:

Completed Age / Expectation

0 / 75.8 29 / 48.5 58 / 22.7

1 / 75.4 30 / 47.5 59 / 21.9

2 / 74.5 31 / 46.6 60 / 21.1

3 / 73.5 32 / 45.7 61 / 20.4

4 / 72.5 33 / 44.7 62 / 19.7

5 / 71.6 34 / 43.8 63 / 18.9

6 / 70.6 35 / 42.9 64 / 18.2

7 / 69.6 36 / 42.0 65 / 17.5

8 / 68.6 37 / 41.0 66 / 16.8

9 / 67.6 38 / 40.1 67 / 16.1

10 / 66.6 39 / 39.2 68 / 15.5

11 / 65.6 40 / 38.3 69 / 14.8

12 / 64.6 41 / 37.4 70 / 14.2

13 / 63.7 42 / 36.5 71 / 13.5

14 / 62.7 43 / 35.6 72 / 12.9

15 / 61.7 44 / 34.7 73 / 12.3

16 / 60.7 45 / 33.8 74 / 11.7

17 / 59.8 46 / 32.9 75 / 11.2

18 / 58.8 47 / 32.0 76 / 10.6

19 / 57.9 48 / 31.1 77 / 10.0

20 / 56.9 49 / 30.2 78 / 9.5

21 / 56.0 50 / 29.3 79 / 9.0

22 / 55.1 51 / 28.5 80 / 8.5

23 / 54.1 52 / 27.6 81 / 8.0

24 / 53.2 53 / 26.8 82 / 7.5

25 / 52.2 54 / 25.9 83 / 7.1

26 / 51.3 55 / 25.1 84 / 6.6

27 / 50.4 56 / 24.3 85 & over / 6.6

28 / 49.4 57 / 23.5