NC · jury_instructions
N.C.P.I.—Motor Vehicle 109.60
DEFENDANT'S PROPERTY DAMAGES (COUNTERCLAIM)-ISSUE AND BURDEN OF PROOF.
The (state number) issue reads:
"What amount is the defendant entitled to recover for property
damages?"
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 the technical damages incurred by 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 property damages proximately caused by the negligence of the
plaintiff.2
History
N.C.P.I.—Motor Vehicle 109.60 (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
e9de710b866978fa2a40a21a27522b886fde9bd29111a31c1bc41d19d1646970
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