N.C.P.I.—Motor Vehicle 106.30

The (state number) issue reads:

"What amount is (name claimant) entitled to recover for loss of

consortium?"

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

claimant), (name claimant) is entitled to recover 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 the plaintiff.

(Name claimant) may also be entitled to recover actual damages.

On this issue the burden of proof is on (name claimant). This means that

(name claimant) must prove, by the greater weight of the evidence, the

amount of actual damages for loss of consortium proximately caused by

the negligence of the defendant.

(Name claimant) is entitled to fair compensation for the actual loss

of the marital services, society, affection, companionship or sexual

relations of his spouse proximately caused by the negligence of the

defendant.2 In considering this issue, you must not duplicate any

damages you have already awarded to (name claimant). Thus, damages

for loss of consortium may not include any [medical expenses] [loss of

earnings] [pain and suffering] [scars and disfigurement] [loss (of use) of

a part of the body] [permanent injury] [state any other type of damage at

issue in claimant's case]. You must limit your consideration to (name

claimant's) actual damages for loss of the marital services, society,

affection, companionship or sexual relations of his spouse.

To decide the amount of damages for loss of consortium, if any, you

may consider all of the evidence presented concerning disruption to the

marital relationship proximately caused by the negligence of the

defendant. The amount of disruption, if any, cannot be measured by any

precise mathematical formula. You must use your own good sense and

fair judgment in placing a value on the loss, if any, suffered by (name

claimant) as a result of a disruption of the marital relationship.3 You are

not to engage in sheer speculation.4

(Use where there is evidence that a spouse died or has been

divorced: (Name claimant) is only entitled to recover for any loss of

consortium occurring between the time of the injury to (name plaintiff)

and the [divorce between (name claimant) and his spouse] [death of

[(name claimant)] [his spouse]]).

(Use where there is evidence that loss of consortium will continue

into the future: (Name claimant) is also entitled to fair compensation for

any loss of future consortium proximately caused by the negligence of the

defendant which will occur during (name claimant's) marriage to his

spouse. This means that you may award future damages, but recovery is

limited to the shorter of the two life expectancies of (name claimant) or

his spouse. Life expectancy is the period of time a person may reasonably

be expected to live. (Name claimant) has offered the life expectancy

tables to show that for a person of (name claimant's) present age, his

life expectancy is (state expectancy) years. They also show that for a

person of his spouse's present age, her life expectancy is (state

expectancy) years.5 In determining their expectancies, you will consider

not only these tables, but also all other evidence as to their respective

healths, constitutions and habits.6 Any amount you allow as future

damages for loss of consortium must be reduced to its present value,

because a smaller sum received now is equal to a larger sum received in

the future. (There is evidence before you that (name claimant's) actual

damages for future loss of consortium have already been reduced to their

present value. Whether they have in fact been so reduced is for you to

determine from the evidence using logic and common sense. Therefore, if

you find that (name claimant's) actual damages for loss of future

consortium have already been reduced to present value, you must not

reduce them again.))

I instruct you that your findings on this (state 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 number) issue on which (name claimant)

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 of

the defendant for loss of consortium, 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.