N.C.P.I.—Motor Vehicle 106.32

NOTE WELL: Although the claims of a parent and an

injured child as a result of a single act of negligent

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 (name parent) entitled to recover for the personal

injury1 to (name child)?"

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

child), (name 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

(name parent).

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

this issue the burden of proof is on (name parent). This means (name

parent) must prove, by the greater weight of the evidence, the amount of

actual damages proximately caused by the negligence of the defendant.

(Name parent) is entitled to fair compensation for the actual

[loss of services of (name child)]

[loss of earnings of (name child)]

[necessary expenses incurred for medical treatment of (name

child's) injuries]

proximately caused by the negligence of the defendant. In considering

this issue, you must not duplicate any damages you have already

awarded to (name child). Thus, any damages you award (name parent)

may not include any compensation which can only be claimed by (name

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 (name parent's)

actual [loss of services of (name child)] [loss of earnings of (name child)]

[necessary expenses incurred for medical treatment 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 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 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] 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 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 (name parent) is entitled to recover for [the

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

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

child's) injuries] only for so long as (name child) is a minor. Once (name

child) [attains the age of eighteen] [becomes emancipated]5, (name

parent) is no longer entitled to [(name child's) services] [(name child's)

earnings] [reimbursement for (name child's) necessary medical

expenses].6 Any damages you award (name parent) must be limited to

the period of time before (name 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 (name parent) for necessary medical expenses] as

a proximate result of the negligence of the defendant until the time

(name child) reaches eighteen.7 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 (name 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 (name 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 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 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 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.