Faith v. Warsome et al

Filing 51

Jury Instructions. (KD)

· ~ulED

VANESSAL.ARMSTRONG,CLERK
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE

OCT 23 2019
U.S. DISTRICT COURT

WEST'N. OISt KENTUCKY
JEANELLE FAITH

PLAINTIFF
CIVIL ACTION NO. 3:18CV-323-CRS

V.

MOHAMED S. WARSAME and
SHIDAAD TRUCKING CORPORATION

DEFENDANTS

JURY INSTRUCTIONS

Ladies and Gentlemen:
Now that you have heard all of the evidence, and the argument of the attorneys, it is my
duty to give you instructions as to the law applicable in this case.
It is your duty as jurors to follow the law as stated in the instructions, and to apply that

law to the facts you find from the evidence.
You are not to single out one instruction alone as stating the law. You must consider the
instructions as a whole.
You are not to be concerned with the wisdom of any rule of law stated by the Court. You
must apply the law given in these instructions whether you agree with it or not.
It is your duty to determine the · facts, and in so doing you must consider only the

evidence I have admitted in the case. The term "evidence" includes the sworn testimony of the
witnesses and the exhibits admitted in the record. It is your own interpretation and recollection
of the evidence that controls.
You are permitted to draw reasonable inferences, deductions, and conclusions from the
testimony and exhibits which you feel are justified in the light of your own common sense.

In saying that you must consider all the evidence, I do not mean to suggest that you must
necessarily accept all of the evidence as true or accurate. You are the sole judges of the
credibility or believability of each witness, and the weight to be given to the testimony of each
witness.
In determining the credibility of any witness, you may properly consider the demeanor of
the witness while testifying, frankness or lack of it, and his or her interest in the outcome of the
case, if any.
When knowledge of a specialized subject matter may be helpful to the jury, a person
having training or experience in the field is permitted to state an opinion. Merely because such a
witness has expressed an opinion, however, does not mean that you must accept that opinion.
The same as with any other witness, it is up to you to decide whether to rely upon it.
Evidence may be direct or circumstantial. Direct evidence is direct proo of a fact, such
as testimony by a witness about what that witness saw or heard or did. Circumstantial evidence
is proof of one or more facts from which you could find another fact. You should consider both
kinds of evidence. The law makes no distinction between the weight to be given to either direct
or circumstantial evidence. It is for you to decide how much weight to give to any evidence.
The statements, objections, and arguments made by the lawyers are not evidence. What
the lawyers have said to you is not binding upon you.
The weight of the evidence is not necessarily determined by the number of witnesses
testifying as to the existence or nonexistence of any fact.

You should be guided m your

deliberations by the quality and credibility of the evidence you have heard.
The law does not require any party to call as witnesses all persons who may have been
present at any time or place involved in the case, or who may appear to have some knowledge of

the matters in issue at this trial. Nor does the law require any party to produce as exhibits all
papers and things mentioned in the evidence in the case.
This case should be considered and decided by you as an action between persons of equal
standing in the community, holding the same or similar stations in life. A corporation is entitled
to the same fair trial at your hands as an individual. All persons, including corporations, stand
equal before the law.
A corporation acts through its employees.
You should not consider the financial resources of either party in making your decision.

It was the duty of Mohamed S. Warsame, in operating the tractor-trailer on the occasion
about which you have heard evidence, to exercise ordinary care for the safety of others, and this
general duty included the following specific duties:
1. To keep a lookout ahead for other vehicles in front of him or so near his
intended line of travel as to be in danger of collision;
2. To keep and operate his vehicle under reasonable control at all times;
3. To yield the right-of-way at the stop sign and refrain from entering the
intersection if in the exercise of ordinary care he should have observed that a
vehicle was approaching so closely as to constitute an immediate hazard; and
4. To exercise ordinary care upon entering the intersection to observe the
presence and avoid collision with any other conflicting traffic which may
already have entered the intersection but had not yet cleared through it.
"Ordinary care" means such care as a reasonably prudent person would exercise under the
same or similar circumstances.
The defendants have admitted that Mohamed S. Warsame failed to comply with one or
more of his duties and that such failure was a substantial factor in causing the collision about
which you have heard evidence. It is also admitted that Mohamad S. Warsame was operating the
tractor-trailer on behalf and for the benefit of Shidaad Trucking Corporation within the course
and scope of his employment with Shidaad Trucking. It is therefore established, and you must
accept as true, that the defendants are liable, in whole or in part, for causing the subject collision.

It was also the duty f Jeanelle Faith, in operating her vehicle on the occasion about which
you have heard evidence, to exercise ordinary care for her own safety, and this general duty
included the following specific duties:

1. To keep a lookout ahead for other vehicles in front of her or so near her
intended line of travel as to be in danger of collision;
2. To keep and operate her vehicle under reasonable control at all times;
3. To drive at a speed no greater than was reasonable and prudent, having regard
for the traffic and the condition and use of the roadway; and
4. To exercise ordinary care upon entering the intersection to observe the
presence and avoid collision with any other conflicting traffic which may
already have entered the intersection but had not yet cleared through it.
"Ordinary care" means such care as an ordinarily prudent person would exercise under
similar circumstances.
If you believe from the evidence that it is more likely true than not true that Jeanelle Faith

failed to comply with one or more of her duties and that such failure was a substantial factor in
causing the collision, you will so indicate on Verdict Form A by answering "yes." Otherwise
you will answer "no."
If you answered "no" on Verdict Form A, you will skip the next instruction on

apportionment and proceed directly to the instruction on damages on page 7.
If you answered "yes" on Verdict Form A, you will proceed to the next instruction.

Apportionment

Having answered "yes" on Verdict for A, you will now determine from the evidence the
percentages of total fault attributable to Mohamad S. Warsame and Jeanelle Faith in causing the
collision. In determining the percentages of fault, you shall consider both the nature of the
conduct of each party at fault and the extent of the causal relation between the conduct and the
damages claimed.

You will indicate these percentages of fault on Verdict Form B. The total

fault of Mohamad S. Warsame and Jeanelle Faith must equal 100%.
When you have completed Verdict Form B you will continue to the instruction on
damages.

Damages

You will now determine what sum or sums of money you believe from the evidence will
fairly and reasonably compensate Jeanelle Faith for such damages as she sustained directly by
reason of the collision, including:
1. Mental and physical pain and suffering she has endured, if any;
2. Mental and physical pain and suffering she is likely to endure in the future, if
any.
In determining the amount of damages you will award, if any, you must disregard the
fault of any party. You will indicate these amounts on Verdict Form C.
After you have completed Verdict Form C, you will have your foreperson sign and date
the verdict forms and return with your verdicts to the courtroom.

V

7

V

Your verdicts must represent the considered judgment of each juror. In order to return a
verdict, it is necessary that each juror agree. Your verdicts must be unanimous.

It is your duty, as jurors, to consult with one another, and to deliberate with a view to
reachinR an agreement, if you can do so without violence to individual judgment. You must each
decide the case for yourself, but only after an impartial consideration of the evidence in the case
with your fellow jurors. In the course of your deliberations, do not hesitate to reexamine your
own views, and change your opinion, if convinced it is erroneous. But do not surrender your
honest conviction as to the weight or effect of evidence, solely because of the opinion of your
fellow jurors, or for the mere purpose of returning a verdict.
During your deliberations, you must not discuss this case with anyone outside the jury, or
provide anyone outside the jury with any information about this case. You may not use any
electronic device or media, such as a telephone, cell phone, smart phone, iPhone, iPad,
BlackBerry, or computer; the Internet, any Internet service, or any text or instant messaging
service; or any Internet chat room, blog, or website such as Facebook, Snapchat, Linkedln,
YouTube, Instagram, or Twitter, to communicate to anyone any information about this case or to
conduct any research about this case until I have accepted your verdict.
Upon retiring to the jury room, you will select one of your number to act as your
foreperson. The foreperson will preside over your deliberations, and will speak for you here in
court.
Forms of verdicts have been prepared for your convenience.
You will take these forms to the jury room and, when you have reached unanimous
agreement as to your verdicts, you will have your foreperson fill in, date and sign the forms

which set forth the verdict upon which you unanimously agree with respect to each issue in this
case; you will then return with your verdicts to the courtroom.

V

9

V

VERDICT FORM A
Case Title

District

Wniteh $>tates ~istrict <!Court

Western District of Kentucky

Docket No.

JEANELLE FAITH

CIVIL ACTION NO. 3:18CV-323-CRS

V.

MOHAMED S. WARSAME and SHIDAAD
TRUCKING CORPORATION

With respect to the motor vehicle collision about which you have heard evidence, do you find from the
evidence that it is more likely true than not true that the plaintiff, Jeanelle Faith, failed to comply with one or
. more of the duties of care owed by her and that such failure was a substantial factor in causing the collision?

-----

Foreperson's Signature

Yes

- - - -- No

Date

VERDICT FORM B
Case Title

District

Wniteb SS>tates l!Hstrict QCourt

Western District of Kentucky

Docket No.

JEANELLE FAITH

CNIL ACTION NO. 3:18CV-323-CRS

V.

MOHAMED S. WARSAME and SHIDAAD
TRUCKING CORPORATION

Having answered "yes" on Verdict Form A, we, the jury, apportion fault attributable to Mohamed S.
Warsame and Jeanelle Faith in causing the collision as follows:

Defendant, Mohamed S. W arsame

____ %

Plaintiff, Jeanelle Faith

____ %

TOTAL

Foreperson's Signature

100%

Date

VERDICT FORM C
Case Title

District

Wniteh $>tate9' !1Bi9'trict QCourt

Western District of Kentucky

Docket No.

JEANELLE FAITH
CNIL ACTION NO. 3: l 8CV-323-CRS

V.

MOHAMED S. WARSAME and SHIDAAD
TRUCKING CORPORATION

We, the jury, find damages as follows:

Mental and physical pain and suffering
she has endured
Mental and physical pain and suffering she is
likely to endure in the future

TOTAL

Foreperson 's Signature

Date