Wu v. EAN Holdings, LLC et al

Filing 136

JURY VERDICT FORM. Signed by Judge Paul S. Grewal on February 6, 2014. (psglc2, COURT STAFF) (Filed on 2/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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JIAN WU,

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Plaintiff,
v.
ENTERPRISE LEASING COMPANY OF
ORLANDO LLC,
Defendant.

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Case No. 5:13-cv-00188-PSG
JURY VERDICT FORM

Case No. 5:13-cv-00188-PSG
JURY VERDICT FORM

Negligence

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United States District Court
For the Northern District of California

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We answer the questions submitted to us as follows:
1. Did Enterprise Leasing Company of Orlando, LLC supply, inspect, or rent the 2011
Malibu to Sally Yuan on September 10, 2011?
Yes_____

No_____

If your answer to question 1 is yes, then answer question 2. If you answered no, answer no more
questions on this page and go to page 3 (Negligent Failure to Warn).
2. Was Enterprise Leasing Company of Orlando, LLC negligent in supplying, inspecting, or
renting the 2011 Malibu to Sally Yuan on September 10, 2011?
Yes_____

No_____

If your answer to question 2 is yes, then answer question 3. If you answered no, answer no more
questions on this page and go to page 3 (Negligent Failure to Warn).
3. Was Enterprise Leasing Company of Orlando, LLC’s negligence a substantial factor in
causing harm to Mr. Wu?
Yes_____

No_____

If your answer to question 3 is yes, then answer question 4. If you answered no, answer no more
questions on this page and go to page 3 (Negligent Failure to Warn).
4. Was Mr. Wu negligent?
Yes_____

No_____

If your answer to question 4 is yes, then answer question 5. If you answered no, go to question 6
and insert the number 100 next to Enterprise Leasing Company of Orlando, LLC’s name and the
number zero next to Mr. Wu’s name.
5. Was Mr. Wu’s negligence a substantial factor in causing his harm?
Yes_____

No_____

If your answer to question 5 is yes, then answer question 6. If you answered no, go to question 6
and insert the number 100 next to Enterprise Leasing Company of Orlando, LLC’s name and the
number zero next to Mr. Wu’s name.
6. What percentage of responsibility for Mr. Wu’s harm do you assign to:
Enterprise Leasing Company of Orlando, LLC:

%

JIAN WU:

%

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_____________________________

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TOTAL:

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100 %

Go to page 3 (Negligent Failure to Warn).
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Case No. 5:13-cv-00188-PSG
JURY VERDICT FORM

Negligent Failure to Warn

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United States District Court
For the Northern District of California

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We answer the questions submitted to us as follows:
1. Did Enterprise Leasing Company of Orlando, LLC distribute the 2011 Malibu?
Yes_____

No_____

If you answer to question 1 is yes, then answer question 2. If you answered no, answer no more
questions on this page and go to page 4 (Negligent Infliction of Emotional Distress).
2. Did Enterprise Leasing Company of Orlando, LLC know or should reasonably have
known that the 2011 Malibu was dangerous or was likely to be dangerous when used or
misused in a reasonably foreseeable manner?
Yes_____

No_____

If your answer to question 2 is yes, then answer question 3. If you answered no, answer no more
questions on this page and go to page 4 (Negligent Infliction of Emotional Distress).
3. Did Enterprise Leasing Company of Orlando, LLC know or should it reasonably have
known that users would not realize the danger?
Yes_____

No_____

If your answer to question 3 is yes, then answer question 4. If you answered no, answer no more
questions on this page and go to page 4 (Negligent Infliction of Emotional Distress).
4. Did Enterprise Leasing Company of Orlando, LLC fail to adequately warn of the danger
on instruct on the safe use of the 2011 Malibu?
Yes_____

No_____

If your answer to question 4 is yes, then answer question 5. If you answered no, answer no more
questions on this page and go to page 4 (Negligent Infliction of Emotional Distress).
5. Would a reasonable distributor under the same or similar circumstances have warned of
the danger or instructed on the safe use of the 2011 Malibu.
Yes_____

No_____

If your answer to question 5 is yes, then answer question 6. If you answered no, answer no more
questions on this page and go to page 4 (Negligent Infliction of Emotional Distress).
6. Was Enterprise Leasing Company of Orlando, LLC’s failure to warn a substantial factor
in causing harm to Mr. Wu?
Yes_____

No_____

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Go to page 4 (Negligent Infliction of Emotional Distress).
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Case No. 5:13-cv-00188-PSG
JURY VERDICT FORM

Negligent Infliction of Emotional Distress

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We answer the questions submitted to us as follows:
1. Was Enterprise Leasing Company of Orlando, LLC negligent?
Yes_____

No_____

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If your answer to question 1 is yes, then answer question 2. If you answered no, answer no more
questions on this page and go to page 5 (Damages).

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2. Did Mr. Wu suffer serious emotional distress?

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United States District Court
For the Northern District of California

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Yes_____

No_____

If your answer to question 2 is yes, then answer question 3. If you answered no, answer no more
questions on this page and go to page 5 (Damages).
3. Was Enterprise Leasing Company of Orlando, LLC’s negligence a substantial factor in
causing Mr. Wu’s serious emotional distress?
Yes_____

No_____

If your answer to question 3 is yes, then answer question 4. If you answered no, answer no more
questions on this page and go to page 5 (Damages).
4. Was Mr. Wu negligent?
Yes_____

No_____

If your answer to question 4 is yes, then answer question 5. If you answered no, go to question 6
and insert the number 100 next to Enterprise Leasing Company of Orlando, LLC’s name and the
number zero next to Mr. Wu’s name.
5. Was Mr. Wu’s negligence a substantial factor in causing his harm?
Yes_____

No_____

If your answer to question 5 is yes, then answer question 6. If you answered no, go to question 6
and insert the number 100 next to Enterprise Leasing Company of Orlando, LLC’s name and the
number zero next to Mr. Wu’s name.
6. What percentage of responsibility for Mr. Wu’s harm do you assign to:
Enterprise Leasing Company of Orlando, LLC:

%

JIAN WU:

%

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_____________________________

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TOTAL:

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100 %

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Go to page 5 (Damages).
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Case No. 5:13-cv-00188-PSG
JURY VERDICT FORM

Damages

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For the Northern District of California

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If you answered yes to question 3 on page 2, yes to question 6 on page 3, OR yes to question 3
on page 4, complete this page. If not, go to page 6 (Signature of Presiding Juror).
What are Mr. Wu’s total damages? Do not reduce the damages based on the fault, if any, of
Mr. Wu.
a. Past economic loss
(1) Medical expenses

$

(2) Other past economic loss

$

Total Past Economic Damages:

$

b. Future economic loss
(1) Medical expenses

$

(2) Other future economic loss

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Total Future Economic Damages:

$

c. Past noneconomic loss, including physical pain/mental suffering:
$

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d. Future noneconomic loss, including physical pain/mental suffering:
$

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TOTAL $

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Go to page 6 (Signature of Presiding Juror).
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Case No. 5:13-cv-00188-PSG
JURY VERDICT FORM

Signature of Presiding Juror

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Signed: _______________________________
Presiding Juror
Dated:

________________________________

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United States District Court
For the Northern District of California

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Case No. 5:13-cv-00188-PSG
JURY VERDICT FORM