OUJI-CIV No. 20.4

ACTUAL DAMAGES — EMOTIONAL DISTRESS

If you decide for [Plaintiff], then you must assess [his/her] damages, which may

be actual or nominal.

To assess actual damages you must find that [Plaintiff] sustained actual injuries as

a direct result of the claimed emotional distress.

OUJI 3d (Rev. 2009) Chapter 20

[Plaintiff] is entitled to an amount of dollars to compensate for all injuries directly

caused by the emotional distress, whether they could have been a nticipated or not,

including:

1. Emotional distress;

2. Any physical discomfort or inconveniences;

3. Any physical illness or injury;

4. Any reasonable medical expenses;

5. Any loss of reputation;

6. Any loss of earnings; and

7. [Insert any other items of compensable damage].

If you find in favor of [Plaintiff] but do not find any actual damages, you shall

nonetheless award [him/her] nominal damages in the sum of one dollar.