Van et al v. Wal-Mart Stores, inc. et al

Filing 591

FINAL VERDICT FORM Signed by Judge Paul S. Grewal on January 9, 2015 (psglc2, COURT STAFF) (Filed on 1/9/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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NATHALIE THUY VAN,
Plaintiff,

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v.

WAL-MART STORES, INC.,
Defendant.

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Case No. 5:08-cv-05296-PSG
VERDICT FORM

Case No. 5:08-cv-05296-PSG
VERDICT FORM

VERDICT FORM

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Part A.

LIABILITY

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False Imprisonment

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1. Has Van proven, by a preponderance of the evidence, that on November 24,
2007, Wal-Mart committed the tort of false imprisonment?

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___________
Yes

___________
No

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Unruh Act
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United States District Court
For the Northern District of California

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2. Has Van proven, by a preponderance of the evidence, that on November 24,
2007, Wal-Mart violated the Unruh Act and denied Van full and equal
accommodations, advantages, facilities, privileges and service of Wal-Mart’s
business based on her race, ancestry or national origin?
___________
Yes

___________
No

Section 1981
3. Has Van proven, by a preponderance of the evidence, that on November 24,
2007, Wal-Mart violated Section 1981 and denied Van equal accommodation
under the law?

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___________
Yes

___________
No

Negligent Hiring, Training, Supervision or Retention
4. Has Van proven, by a preponderance of the evidence, that on November 24, 2007
Wal-Mart committed the tort of negligent hiring, training, supervision or
retention?
___________
Yes

___________
No

Intentional Infliction of Emotional Distress

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5. Has Van proven, by a preponderance of the evidence, that on November 24,
2007, Wal-Mart committed the tort of intentional infliction of emotional distress
against her?
___________
Yes

___________
No

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Case No. 5:08-cv-05296-PSG
VERDICT FORM

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Negligent Infliction of Emotional Distress
6. Has Van proven, by a preponderance of the evidence, that on November 24,
2007, Wal-Mart committed the tort of negligent infliction of emotional distress?

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United States District Court
For the Northern District of California

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___________
Yes

___________
No

Negligent Misrepresentation
7. Has Van proven, by a preponderance of the evidence, that on November 24,
2007, Wal-Mart committed the tort of negligent misrepresentation?
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Yes

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No

Negligence Claim
8. Has Van proven, by a preponderance of the evidence, that on November 24,
2007, Wal-Mart was negligent in its conduct toward Van?

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___________
Yes

___________
No

If your answer to Question 8 is “Yes,” then please proceed to Question 9. If your answer to
Question 8 is “No,” proceed directly to Part B.
9. Was Wal-Mart’s negligence a substantial factor in causing harm to Van?
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Yes

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No

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If your answer to Question 9 is “Yes,” then please proceed to Question 10. If your answer to
Question 9 is “No,” proceed directly to Part B.
10. Was Rainier negligent?
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Yes

___________
No

If your answer to Question 10 is “Yes,” then please proceed to Question 11. If your answer to
Question 10 is “No,” proceed directly to Part B.
11. Was Rainier’s negligence a substantial factor in causing Van’s harm?
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Yes

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No

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If your answer to Question 11 is “Yes,” then please proceed to Question 12. If your answer to
Question 11 is “No,” proceed directly to Part B.
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Case No. 5:08-cv-05296-PSG
VERDICT FORM

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12. What percentage of responsibility for Van’s harm do you assign to:
Wal-Mart:

_____%

TOTAL:

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_____%

Rainier:

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_100_%

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Please proceed to Part B.
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Part B.

DAMAGES

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United States District Court
For the Northern District of California

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If you answered “Yes” to any or all of Questions 1, 2, 3, 4, 5, 6, 7, 8 or 9, please answer the
following questions. Otherwise, stop here, answer no further questions, and have the foreperson
sign and date this form.
13. What is the total amount of damages, if any, suffered by Van in each category
described below? Do not award duplicate damages for the same harm suffered
from multiple claims.

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Compensatory Damages:

$________________

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Punitive Damages

$________________

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TOTAL:

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:

$________________

14. Did Van use reasonable efforts to mitigate her damages?
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Yes

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No

If your answer to Question 14 is “No,” please proceed to Question 15. If your answer to Question
14 is “Yes,” stop here, answer no further questions, and have the foreperson sign and date this
form.
15. How much of Van’s damages could have been mitigated by Van’s reasonable
efforts?

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$________________

Dated: ___________________

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_________________________________
PRESIDING JUROR

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After this verdict form has been signed and dated, notify the court that you are ready to present
your verdict in the courtroom.

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Case No. 5:08-cv-05296-PSG
VERDICT FORM