NC · jury_instructions
N.C.P.I.—Motor Vehicle 109.20
DEFENDANT'S PERSONAL INJURY DAMAGES (COUNTERCLAIM)-FINAL MANDATE (REGULAR).
(Use N.C.P.I.-Civil 109.22 in place of 109.20 when a
per diem argument has been made.)
I instruct you that your findings on this (state number) issue must
be based on 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 this (state number) issue on which the defendant 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
plaintiff, 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.
History
N.C.P.I.—Motor Vehicle 109.20 (May 2000). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
d016d4261889486585cc6467b480b24060e784f9fac074bb18bcf5b18b180893
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