Harding et al v. Dollar Tree Stores Inc et al

Filing 41

ORDER: The Hardings' motion in limine, 24 , is granted by agreement. The Court will hold a pre-trial hearing by telephone at 10:00 a.m. on Wednesday, 10 June 2015. The Court is attaching its current working drafts of (1) the preliminary instructions, (2) the final instructions, and (3) the verdict forms. Signed by Judge D. P. Marshall Jr. on 6/2/2015. (Attachments: # 1 Preliminary Instructions, # 2 Jury Instructions, # 3 Verdict Forms)(jak)

VERDICT FORM No. 1

1.

On Jonnas Harding’s negligence claim against Dollar Tree Stores, Inc.,
as submitted in Instruction No. 11, we find for:

_____ Jonnas Harding

______Dollar Tree

If you found for Mrs. Harding, then answer Question 2. If you found for
Dollar Tree, then your deliberations on this verdict are done.

2.

Has Dollar Tree proved that Mrs. Harding was negligent, and that her
negligence was a proximate cause of her injury, as submitted in
Instruction No. 13?

______ Yes

______ No

If you answered "Yes" to Question 2, then answer Question 3. If you
answered "No" to Question 2, then skip Question 3 and answer Question 4.

Verdict Forms Draft
2 June 2015

-1-

Harding v. Dollar Tree Stores
3:14-cv-35-DPM

3.

Using 100% to represent the total responsibility for the occurrence and
any injuries or damages resulting from it, apportion the responsibility
between the parties whom you have found to be responsible.

Dollar Tree:

________%

Jonnas Harding:

________%

If Mrs. Harding’s percentage is less than Dollar Tree’s percentage, then Mrs.
Harding is entitled to recover damages and you must proceed to Question
4. If Mrs. Harding’s percentage is equal to or greater than Dollar Tree’s
percentage, then Mrs. Harding is not entitled to recover damages and your
deliberations on this verdict are done.
4.

After any required reduction pursuant to Instruction No. 21 for any
negligence on her part, and pursuant to Instruction No. 22, we find that
Mrs. Harding’s damages are:

• Physical Injury

$_______________

• Medical Care

$_______________

• Pain and Suffering

$_______________

• Scars and Disfigurement

$_______________

Total:
Verdict Forms Draft
2 June 2015

-2-

$_______________
Harding v. Dollar Tree Stores
3:14-cv-35-DPM

Sign and date this form.

___________________________
Foreperson

Verdict Forms Draft
2 June 2015

_______________________
Date

-3-

Harding v. Dollar Tree Stores
3:14-cv-35-DPM

VERDICT FORM No. 2
If your verdict is for Jonnas Harding and against Dollar Tree Stores, Inc. on
Verdict Form No. 1, then answer these questions. If your verdict is for
Dollar Tree and against Mrs. Harding, then don’t answer any of the
questions on this verdict form.
1.

On Rodney Harding’s loss-of-consortium claim against Dollar Tree
Stores, Inc., as submitted in Instruction No. 12, we find for:

______ Rodney Harding

______ Dollar Tree

If you found for Mr. Harding on Question 1, then answer Question 2. If
you found for Dollar Tree on Question 1, then your deliberations are done.
2.

Pursuant to Instruction No. 23, we find by a preponderance of the
evidence that Mr. Harding’s total damages are $_______________.

Sign and date this form and advise the Court that you have finished
your deliberations.
_______________________________
Foreperson

_______________________
Date

Verdict Forms Draft
2 June 2015

Harding v. Dollar Tree Stores
3:14-cv-35-DPM

-4-