Prince v. Southern Snow Manufacturing Inc

Filing 29

ORDER: The Court appreciates Prince's proposed jury instructions. The Court is attaching its current working drafts of the (1) the voir dire outline, (2) the preliminary instructions, (3) the final instructions, and (4) the verdict form. Please file any comment or objection to the preliminary instructions by noon 11/9/2016. There's no need to comment or object yet on the final instructions or the verdict form. The Court directs the Clerk to correct the defendant's name on the docket. It should be Southern Snow Manufacturing Co., Inc. 28 . Signed by Judge D. P. Marshall Jr. on 11/3/2016. (Attachments: # 1 Voir Dire Outline, # 2 Preliminary Instructions, # 3 Final Instructions, # 4 Verdict Form)(jak)

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COURT’S PRELIMINARY INSTRUCTION NO. 1 GENERAL: NATURE OF CASE; BURDEN OF PROOF; DUTY OF JURY; CAUTIONARY Ladies and gentlemen of the jury: Here are some initial instructions about this case and your duties as jurors. During the trial, I may give you more instructions. And at the end of the trial, I will give you final instructions. Follow all my instructions. This case is about an injury that happened at a snow cone stand. Samantha Prince worked at the stand in Russellville during the summer. The machine that shaves the ice has a chute, and the chute became jammed. Prince put her hand in the chute to clear the jam, and turned the machine back on while she was taking her hand out. Prince’s hand was injured. She has sued the manufacturer of the machine, Southern Snow Manufacturing. Prince alleges the machine was defective and unreasonably dangerous and that the defects caused her harm. Southern Snow responds that there wasn’t Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -1- anything wrong with the machine, that there were adequate warning labels, and that Prince was at fault. The jury will have to decide what caused the injury. It will also have to decide whether the machine was defective and unreasonably dangerous and whether there were adequate warnings. And the jury will also have to decide whether Prince was at fault, and if so, how much. The jury may also have to decide what damages to award. In summary, the jury must decide—based on the evidence and guided by the governing law—whether Prince is entitled to a verdict against Southern Snow. Your duty is to decide what the facts are from the evidence. Consider the evidence in the light of your own observations and experiences. Use your common sense. After you have decided what the facts are, you will have to apply those facts to the law that I give you in these and in my other instructions. That is how you will Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -2- reach your verdict. Only you will decide what the facts are. But you must follow my instructions, whether you agree with them or not. You have taken an oath to follow the law that I give you in my instructions. In deciding what the facts are, you will have to decide what testimony you believe and what testimony you don’t believe. You may believe all of what a witness said, or only part of it, or none of it. In deciding what testimony to believe, consider several things: the witnesses’ intelligence; their opportunity to have seen or heard the things they testify about; their memories; any motives they may have for testifying a certain way; their demeanor while testifying; whether they said something different at an earlier time; the general reasonableness of their testimony; and the extent to which their testimony is consistent with other evidence that you believe. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -3- A caution about considering a witness’s demeanor while testifying. Many folks are nervous just being in court. And there are bold liars and shy truth tellers. Use your common sense and be discerning when judging someone’s credibility based on their demeanor on the stand. In deciding whether or not to believe a witness, keep in mind that people sometimes hear or see things differently and they sometimes forget things. You will have to decide whether a contradiction is an innocent misrecollection, a lapse of memory, or a lie—and that may depend on whether the contradiction has to do with an important fact or only a small detail. You must consider and decide this case as a dispute between persons of equal worth. Prince and Southern Snow are equal before the law and must be treated as equals. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -4- COURT’S PRELIMINARY INSTRUCTION NO. 2 EVIDENCE: LIMITATIONS I have mentioned the word “evidence.” “Evidence” includes the testimony of witnesses, the documents and other things received as exhibits, and any facts that I tell you the parties have agreed are true. Some things are not evidence. I will list those things for you now: 1. Lawyers’ statements, arguments, questions, and comments are not evidence. 2. Objections are not evidence. Lawyers have a right—and sometimes a duty—to object when they believe something should not be a part of the trial. Do not be influenced one way or the other by objections. If I sustain a lawyer’s objection to a question or an exhibit, that means the law does not allow you to consider that information. When that happens, you have to ignore the question Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -5- or the exhibit; and you must not try to guess what the information might have been. 3. Testimony and exhibits that I strike from the record or tell you to disregard are not evidence; and you must not consider them. 4. Anything you see or hear about this case outside the courtroom is not evidence; and you must not consider it. 5. I might tell you that you can consider a piece of evidence for one purpose only and not for any other purpose. If that happens, I will tell you what purpose you can consider the evidence for and what you are not allowed to consider it for. You need to pay close attention when I give an instruction about evidence that you can consider for only certain purposes because you might not have that instruction in writing later in the jury room. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -6- 6. Finally, some of you may have heard the terms “direct evidence” and “circumstantial evidence.” You should not be concerned with those terms because the law makes no distinction between the weight to be given to direct and circumstantial evidence. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -7- COURT’S PRELIMINARY INSTRUCTION NO. 3 BURDEN OF PROOF You will have to decide whether certain facts have been proved by the greater weight of the evidence. A fact has been proved if you find that it is more likely true than not true. You decide that by considering all the evidence, and then deciding what evidence is more believable. The greater weight of the evidence is not established by who has the most witnesses or exhibits. You are, instead, looking for the truth in the whole case. You have probably heard the phrase “proof beyond a reasonable doubt.” That is a stricter standard than “more likely true than not true.” The standard of “proof beyond a reasonable doubt” applies in criminal cases, but not in this civil case; so put it out of your minds. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -8- COURT’S PRELIMINARY INSTRUCTION NO. 4 EXPERT WITNESSES An expert witness is a person who has special knowledge, skill, experience, training, or education on the subject to which his testimony relates. An expert witness may give his opinion on questions in controversy. You may consider his opinion in the light of his qualifications and credibility, the reasons given for his opinion, and the facts and other matters upon which his opinion is based. You are not bound to accept an expert opinion as conclusive, but should give it whatever weight you think it should have. You may disregard any opinion testimony if you find it to be unreasonable. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -9- COURT’S PRELIMINARY INSTRUCTION NO. 5 BENCH CONFERENCES During the trial, I will sometimes need to talk privately with the lawyers. I may talk with them here at the bench while you are in the courtroom. Or I may call a recess and let you leave the courtroom while I talk with the lawyers. Either way, please understand that while you’re waiting, we’re working. We have these conferences to make sure that the trial is proceeding according to the law and to avoid confusion and mistakes. We will do what we can to limit the number of these conferences and to keep them as short as possible. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -10- COURT’S PRELIMINARY INSTRUCTION NO. 6 NO TRANSCRIPT AVAILABLE/NOTE-TAKING At the end of the trial, you will have to make your decision based on what you recall of the evidence. You will not have a written copy of the testimony to refer to. You must pay close attention to the testimony and other evidence as it is presented here in the courtroom. If you wish, you may take notes to help you remember what witnesses say. If you do take notes, do not show them to anyone until you and your fellow jurors go to the jury room to decide the case after you have heard and seen all of the evidence. And do not let note-taking distract you from paying close attention to the evidence as it is presented. The Clerk has provided each of you with a pad of paper and a pencil. At each recess, leave your notes face down in your chair. When you leave at night, your notes will be secured and not read by anyone. After the trial, they’ll be destroyed. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -11- COURT’S PRELIMINARY INSTRUCTION NO. 7 QUESTIONS BY JURORS When the lawyers have finished questioning a witness, you may propose questions to clarify the testimony. In your questions, follow these rules: • Don’t express any opinion about the testimony; • Don’t argue with a witness; and • Don’t sign your name or juror number. Submit your questions in writing by passing them to the Court Security Officer. I will review each one with the lawyers. If the question is proper, the lawyers or I will ask it. Don’t put any special weight on a question just because a juror suggested it. Don’t put any special weight on the question just because I may be the one asking it. And consider the witness’s answer just like any other piece of evidence. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -12- You may not get your question answered. For example, I may decide that the question is not proper under the rules of evidence. And even if the question is proper, you may not get an immediate answer. For example, a later witness or a coming exhibit may provide the answer. Don’t feel slighted or disappointed if your question isn’t asked or answered immediately. Remember, you are not advocates for either side; you are impartial judges of the facts. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -13- COURT’S PRELIMINARY INSTRUCTION NO. 8 CONDUCT OF THE JURY To make sure this trial is fair to both parties, you must follow these rules: First, don’t talk or communicate among yourselves about this case, or about anyone involved with it, until the end of the trial when you go to the jury room to deliberate and decide on your verdict. Don’t share your notes until deliberations begin. Second, don’t talk with anyone else about this case, or about anyone involved with it, until the trial has ended and you have been discharged as jurors. Third, when you are outside the courtroom, do not let anyone tell you anything about the case, or about anyone involved with it. If someone does try to talk to you about the case during the trial, please report it to me immediately. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -14- Fourth, during the trial, don’t talk with or speak to any of the parties, lawyers, or witnesses in this case—not even to pass the time of day. It is important not only that you do justice in this case, but that you also appear to do justice. If a person from one side of the lawsuit sees you talking to a person from the other side—even if it is simply to pass the time of day—that may raise a suspicion about your fairness. If any lawyer, party, or witness doesn’t speak to you when you pass in the hall, ride the elevator, or the like, understand that they are not being rude. They know they are not supposed to talk to you while the trial is going on; and they are just following the rules. Fifth, don’t read any news stories, articles, websites, or blogs about the case or about anyone involved with it. Don’t listen to any radio or television reports about the case or about anyone involved with it. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -15- Sixth, don’t do any research—on the Internet, in a library, in newspapers, or otherwise—and don’t investigate this case on your own. Don’t go visit a snow cone stand. Don’t visit or view any place discussed in this case, and don’t use the Internet or other means to search for or view any place or any item discussed in the testimony. Don’t look up any information about this case, the law, or the people involved—including the parties, the witnesses, the lawyers, or me. Here’s why the law imposes these limitations. The parties have a right to have you decide their case based only on evidence admitted here in court. If you research, investigate, or experiment on your own, or get information from other places, your verdict might be influenced by inaccurate, incomplete, or misleading information. Witnesses here in court take an oath to tell the truth; and the accuracy of their testimony Court’s Draft Preliminary Instructions 3 November 2016 is tested through Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -16- cross-examination. Both parties are entitled to a fair trial and an impartial jury; and you must conduct yourselves in a way that assures the integrity of the trial process. If you decide a case based on information not admitted in court, you will deny the parties a fair trial. You will deny them justice under law. Remember: You’ve taken an oath to follow the rules; and you must do so. Seventh, do not bring a cell phone—or any other device that would allow you to communicate with the outside world—into the courthouse. You may be able to get through court security with certain types of cell phones or devices. But my rule is different. Do not bring these devices into the courthouse at all. Please leave them at home or in your car. Eighth, don’t make up your mind during the trial about what your verdict should be. Keep an open mind until after you and your fellow jurors have discussed all the evidence. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -17- Ninth, remember that you are not to be influenced in any degree by any personal feelings or sympathy or prejudice for or against any of the parties or the lawyers in the case. Each party is entitled to the same fair and impartial consideration at your hands. Tenth, no statement, remark, or ruling that I make, or question that I might ask of a witness, during the trial is intended to indicate what I think about the facts of the case. You, as the jurors, are the sole judges of the facts of the case. You and you alone will have to decide on the believability and credibility of the witnesses and the weight and value of the evidence. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -18- COURT’S PRELIMINARY INSTRUCTION NO. 9 EXPANDED INSTRUCTION RE: JURY PROHIBITION ON ELECTRONIC COMMUNICATIONS/RESEARCH During the trial—while you are in the courthouse, at lunch, on breaks, and after you leave for the day—do not provide any information to anyone by any means about this case. For example, do not talk face-to-face with anyone about this case. And do not use any electronic device or media—such as the telephone, a cell phone, a smart phone, Blackberry, iPad, computer, the Internet, any Internet service, any text or instant messaging service, any Internet chat room, blog, or website such as Facebook, YouTube, or Twitter—to communicate to anyone any information about this case until I accept your verdict. Ask each juror: Juror No. —, on your oath, do you promise not to post anything about your jury service on any social media website such as Facebook, Twitter, Snapchat, or the like during the trial? On your oath, do you promise not to use the Internet to Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -19- look up anything about the case, the matters discussed, the products discussed, the lawyers, Prince, Southern Snow, me, or the law? Remember, you have taken an oath to follow the rules, and you must do so. If you do not, the case might have to be retried, and you could be held in contempt of court and possibly punished. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -20- COURT’S PRELIMINARY INSTRUCTION NO. 10 OUTLINE OF TRIAL The trial will proceed in the following manner: First, Prince’s lawyer will make an opening statement. Next, Southern Snow’s lawyer will make an opening statement. An opening statement is not evidence or argument. It is simply a summary of what the lawyer expects you will see and hear during the trial. After opening statements, Prince’s lawyer will present evidence by calling witnesses, and Southern Snow’s lawyer will cross-examine those witnesses. After Prince’s case, Southern Snow’s lawyer may present evidence by calling witnesses, and Prince’s lawyer will cross-examine those witnesses. Finally, Prince’s lawyer may offer rebuttal evidence. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -21- After you have seen and heard all of the evidence from both sides, I will give you some instructions on the law. Then, the lawyers will make closing arguments that summarize and interpret the evidence. Just as with opening statements, closing arguments are not evidence. After the closing arguments, I will give you some final instructions. Then you’ll go to the jury room to deliberate and decide on your verdicts. Court’s Draft Preliminary Instructions 3 November 2016 Prince v. Southern Snow Manufacturing No. 4:14-cv-31-DPM -22-

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