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)
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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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is
tested
through
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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.
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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.
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3 November 2016
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No. 4:14-cv-31-DPM
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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
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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.
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No. 4:14-cv-31-DPM
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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.
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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
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No. 4:14-cv-31-DPM
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