N.C.P.I.—Motor Vehicle 109.00

The (state number) issue reads:

"What amount is the defendant entitled to recover for personal

injury?"

If you have answered the (state number) issue "Yes" (and the

(state number) issue "No") in favor of the defendant, the defendant 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 a technical injury to the defendant.

The defendant may also be entitled to recover actual damages. On

this issue the burden of proof is on the defendant. This means that the

defendant must prove, by the greater weight of the evidence, the amount

of actual damages proximately caused by the negligence of the plaintiff.

NOTE WELL: If fault is admitted, stipulated or

determined by summary judgment, the jury will still

need to be instructed on proximate cause. Give

N.C.P.I.-Civil 102.19 ("Proximate Cause-Definition-

Multiple Causes") and, as appropriate, such other

causation instructions as are supported by the

evidence (e.g., N.C.P.I.-Civil 102.20 to 102.28).