Equiventure, LLC et al v. Wheat et al

Filing 96

Jury Instructions. (KJA)

UNITED STATES DISTRICT COU T
MAR 13 z:m
WESTERN DISTRICT OF KENTU
XAC,l•C-"'· ,__, __ , "'""
PADUCAH DIVISION
BY_~-.>.:,·::_~--'~-----CASE NO. 5:09-CV -00093-TBR

BENTLEY FULLER
v.

RICK WHEAT

JURY INSTRUCTIONS

INTRODUCTION
Members of the jury, now it is time for me to instruct you about the law that you must
follow in deciding this case, I will start by explaining your duties and the general rules that apply
in every civil case, Then I will explain the elements, or parts, of the claims in question.
You have two main duties as a juror. The first is to decide what the facts are from the
evidence that you saw and heard here in court. Deciding what the facts are is a role reserved to
the jury, and nothing that I have said or done during this trial was meant to influence your
decision about the facts in any way.
Your second duty is to take the law that I give you, apply it to the facts, and decide if the
plaintiff has proven his case against the defendant by clear and convincing evidence. It is my job
to instruct you about the law, and you are bound by the oath you took at the beginning of the trial
to follow the instructions that I give you, even if you personally disagree with them. This
includes any instructions I gave you during the trial, and these instructions now. All the
instructions are important, and you should consider them together as a whole.
The attorneys for both parties may have talked about the law during their arguments. But
if what they said was different from what I say, you must follow what I say. What I say about the
law controls.
Perform these duties fairly. Do not let any bias, sympathy, or prejudice that you may feel
toward one side or the other influence your decision in any way. In deciding this case, you
should consider it as a dispute between persons of equal standing in the community and holding
the same or similar stations in life.
Another part of your job as jurors is to decide the credibility of each witness. This is your
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job, not mine. It is up to you to decide if a witness's testimony was believable, and how much
weight you think it deserves. You are free to believe everything that a witness said, or only part
of it, or none of it at all. But you should act reasonably and carefully in making these decisions.
You may consider other things that you think shed some light on the witness's believability. Use
your common sense and your everyday experience in dealing with other people when deciding
credibility. Then decide what testimony you believe, and how much weight you think it deserves.
Some of you have taken notes during the trial. An individual juror may use notes to
refresh his or her memory of evidence presented at trial, but the notes should not be relied upon
as definitive fact or as evidence. Juror notes have no greater weight than memory, and note-aided
and non-aided memory are of equal significance. Jurors should not be influenced by another
juror's notes.
Upon retiring to the jury room, you will select one juror to act as your foreperson. The
foreperson will preside over your deliberations and will be your spokesperson here in Court. You
will take these instructions with you to the jury room, and when you have reached a unanimous
agreement, you will have your foreperson fill in, date, and sign your answers.
Once you start deliberating, do not talk to the jury officer, or to me, or to anyone else
except each other about the case. If you have any questions or messages, you must write them
down on a piece of paper, sign them, and give them to the jury officer. The officer will give them
to me, and I will respond as soon as I can. I may have to talk to the parties about what you have
asked, so it may take some time to get back to you. Any questions or messages should be sent to
me through your foreperson.
One more thing about messages. Do not ever write down or tell anyone outside the jury

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room how you stand on your votes. That should remain confidential until you are finished.
Your verdict or answer to any question must be unanimous. That is, all eight (8) members
of the jury must agree on any answer to the question and verdict.
It is your duty as jurors to consult with one another and to deliberate with a view to
reaching an agreement if you can do so without violence to individual judgment. You must each
decide the case for yourself, but on! y after an impartial consideration of the evidence of 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 you are convinced it is erroneous. But do not surrender
your honest conviction as to the weight or effect of the evidence solely because of the opinion of
your fellow jurors or for the mere purpose of returning a verdict.

4

INSTRUCTION NO. I
Definition of "Clear and Convincing Evidence"
The term "clear and convincing evidence" is used below in these Instructions and needs
additional explanation. It is the Plaintiff's responsibility to prove his claims by clear and
convincing evidence. Clear and convincing proof does not necessarily mean uncontradicted
proof; it means that here Plaintiff is required to produce evidence substantially more persuasive
than a preponderance of evidence, but not beyond a reasonable doubt. Put another way, it is
sufficient if there is evidence that tends to prove Plaintiff's allegations and that evidence is so
substantial in nature that it would convince ordinary, prudent-minded people. If the proof should
fail to establish any of the essential elements of the Plaintiff's claims by clear and convincing
evidence, the jury should find for the Defendant.

5

INSTRUCTION NO. 2
Deceit: Fraudulent Concealment/Omission
Bentley Fuller has brought a claim against Rick Wheat for deceit based upon fraudulent
concealment/omission. Mr. Fuller claims that Mr. Wheat concealed facts from him concerning
his intentions of forming a business with him, causing him monetary loss.
Only in certain circumstances does a person have a duty to disclose facts. Here, Rick
Wheat had a duty to disclose only if you find that he partially disclosed material facts to Bentley
Fuller but created the impression of full disclosure. As used in these instructions, a fact is
"material" if there is a substantial likelihood that a reasonable person would consider it important
in deciding how to act.

(I) Do you find by clear and convincing evidence that Mr. Wheat partially disclosed

material facts to Mr. Fuller but created the impression of full disclosure?

___j
.

_____________YES

____ NO

Foreperson: _

If you answered "No" to Part (

please move on to Instruction No. 3. If you answered

"Yes," please continue to Part 2.

6

(2) You will find for Mr. Fuller if you are further satisfied from clear and convincing
evidence as follows:

a)

That Rick Wheat failed to disclose a material fact;

b)

That failure to disclose induced Bentley Fuller to act;

AND

c)

That failure to disclose was a substantial factor in causing injury to the
plaintiff, Bentley Fuller.

Otherwise, you will find for Rick Wheat. If you find for Bentley Fuller, you may award
damages in an amount that will reasonably and fairly compensate him for the injury
sustained.
As to Bentley Fuller's fraudulent concealment claim: WE, THE JURY, FIND FOR:
Bentley Fuller
Rick Wheat

Date

Foreperson

7

INSTRUCTION NO.3
Deceit: Fraud in the Inducement/Misrepresentation
Bentley Fuller has brought a claim against Rick Wheat for deceit upon fraud in the
inducement/misrepresentation. You will find for Mr. Fuller if you are satisfied from clear and

convincing evidence as follows:
(1)

That Rick Wheat made a material misrepresentation;

(2)

The misrepresentation was false;

(3)

Rick Wheat knew the misrepresentation was false, or made the misrepresentation
with reckless disregard as to its falsity;

(4)

Rick Wheat intended for Bentley Fuller to rely on that misrepresentation and act
on it;

(5)

Bentley Fuller did in fact act on the misrepresentation in reliance of it;

AND

(6)

The misrepresentation was a substantial factor in causing injury to the plaintiff,
Bentley Fuller.

Otherwise, you will find for Rick Wheat. If you find for Bentley Fuller, you may award damages
in an amount that will reasonably and fairly compensate him for the injury sustained.

As to Bentley Fuller's claim for fraud in the inducement: WE, THE JURY, FIND FOR:
Bentley Fuller

/

Rick Wt-·

Date

Iforepersm(
8

INSTRUCTION NO. 4
Definition of "Preponderance of the Evidence"

The term "preponderance of the evidence" is used in these Instructions and deserves
additional explanation. In this case, the Defendant, Rick Wheat asserts counterclaims against the
Plaintiff, Bentley Fuller. The defendant/counterclaimant, Rick Wheat, has the burden of proving
each and every element of his respective counterclaims by a preponderance of the evidence. If
you find that he has not proved any one of the elements by a preponderance of the evidence, you
must return a verdict for the plaintiff, Bentley Fuller, on that counterclaim.
To establish by the "preponderance of the evidence" means to prove that something is
more likely so than not so. In other words, a preponderance of the evidence in this case means
such evidence that, when considered and compared to that opposed to it, has more convincing
force and produces in your mind a belief that what is sought to be proved is more likely true than
not true.
In determining whether any fact in issue in this case has been proved by a preponderance
of the evidence you may, unless otherwise instructed, consider the testimony of all witnesses,
regardless of who may have called them, and all exhibits received in evidence, regardless of who
may have produced them.

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INSTRUCTION NO. 5
Conversion

Rick Wheat has brought a counterclaim of conversion against Bentley Fuller. Wheat
claims Fuller wrongfully took Noavel Headstalls, reins, and videos. You will find for Rick
Wheat if you are satisfied from a preponderance of the evidence as follows:

(1)

That Fuller took Wheat's property;
AND

(2)

That the property taken belonged to Wheat.

Otherwise, you will find for Fuller. If you find for Wheat, you may award damages in an amount
that will reasonably and fairly compensate him for the items taken.

As to Rick Wheat's conversion claim: WE, THE JURY, FIND FOR:
Rick Wheat
Bentley Fuller

Date

10

INSTRUCTION NO. 6
Quantum Meruit

Rick Wheat has also brought a claim for quantum meruit against Bentley Fuller. Wheat
claims that Fuller failed to pay Wheat for services rendered in connection with equine clinics and
training. You will find for Rick Wheat if you are satisfied from a preponderance of the
evidence as follows:

(1)

That Rick Wheat rendered valuable services or furnished materials;

(2)

Those services or materials were for Fuller;

(3)

Those services were accepted by Fuller, or were rendered with Fuller's
knowledge and consent;
AND

Under such circumstances as reasonable, Bentley Fuller was notified that Rick

(4)

Wheat, in performing such services, expected to be paid by Fuller.

Otherwise, you will find for Bentley Fuller. If you find for Wheat, you may award damages in an
amount that will reasonably and fairly compensate him for the services rendered.

As to Rick Wheat's quantum meruit claim: WE, THE JURY, FIND FOR:

j

Rick Wheat
Bentley Fuller

I
Poreperson / '

I

Date

/
11

INSTRUCTION NO. 7
Tortious Interference with a Business Relationship
Rick Wheat has also brought a counterclaim for tortious interference with a business
relationship against Bentley Fuller. Wheat claims Fuller interfered with an existing business
relationship by changing the address on Wheat's Tractor Supply vendor account from Wheat's to
Fuller's, without permission and receiving payments not owed to Fuller, thereby damaging the
relationship between Tractor Supply and Wheat. You will find for Wheat if you are satisfied
from a preponderance of the evidence as follows:
(1)

That a valid business relationship or expectancy existed between Rick Wheat and
Tractor Supply;

(2)

That Fuller was aware of this relationship or expectancy;

(3)

That Fuller intentionally interfered;

(4)

That Fuller's motive behind the interference was improper;

(5)

The interference caused the relationship to deteriorate;
AND

(6)

The above actions were a substantial factor in causing injury to the defendant,
Rick Wheat.

Otherwise, you will find for Fuller. If you find for Wheat, you may award damages in an amount
that will reasonably and fairly compensate him for this improper interference.

12

As to Rick Wheat's tortious interference with a business relationship claim: WE, THE JURY,
FIND FOR:

./

Rick Wheat
Bentley Fuller

Date

Forepers¥

13

INSTRUCTION NO. 8
Compensatory Damages

You must now determine the sums of money that will fairly and reasonably compensate
the parties. Any award you give must be fair compensation- no more and no less. There is no
exact standard for fixing the compensation to be awarded for these elements of damage. Any
award you make should be fair in light of the evidence presented at trial. In determining the
amount of any damages you decide to award, you should be guided by common sense. You must
use sound judgment in fixing an award of damages, drawing reasonable inferences from the facts
in evidence. You may not award damages based on sympathy, speculation, or guess work.

a. Bentley Fuller's Compensatory Damages

If you found in favor of Plaintiff, Bentley Fuller, on either of his claims in Instruction
Nos. 2 or 3, you must determine what sum or sums of money would justly and reasonably
compensate the plaintiff, Bentley Fuller, for his losses, if any, that directly resulted from the
claims in which you found in Plaintiff's favor. The amount may not include any punitive
damages to which you think Bentley Fuller is entitled.
Plaintiff has claimed the value of his loss of time spent and value of his preparation of the
product catalog and related items for the claims you found in Plaintiff's favor. You may not
consider a claim of loss of profits, if any, from Tractor Supply Company and lvesco. Those
claims are no longer before the Court or the jury.

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$_____________________

Reasonable Value of Lost Time

Reasonable Value of Bentley Fuller's
Preparation of Product Catalog and
Related Items

$------~---------------

Foreperson: - - - - - - - - - - - - - - -

b. Rick Wheat's Compensatory Damages
If you found in favor of Defendant, Rick Wheat, on any of his counterclaims in
Instruction Nos. 5, 6, or 7, you must determine what sum or sums of money would justly and
reasonably compensate the defendant, Rick Wheat, for his losses, if any, that directly resulted
from the claims in which you found in Defendant's favor.

(l) If you found in favor of Defendant, Rick Wheat, for Conversion in Instruction No.5,

please indicate the reasonable value of the property and monetary amounts converted,
if any.
o'o

________

$. __J~·~~~~~5~o~:/

Forepersori

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(2) If you found in favor of Defendant, Rick Wheat, for Quantum Meruit in Instruction
No. 6, please indicate the reasonable value of the services performed by Rick Wheat.

1;8.--

-;).'/ ~0.
$-----------------------

Foreperson:

(3) If you found in favor of Defendant, Rick Whef, for Tortious Interference with a
business relationship in Instruction No.7, please indicate the reasonable value of the
lost profits resulting from the loss of the business relationship.

Foreperson :·

<.

16

INSTRUCTION NO.9
Punitive Damages
If you found for Plaintiff. Bentley Fuller, on his claims asserted in Instruction Nos. 2 or 3
and awarded him damages for either of those claims, you may consider the issue of punitive
damages. You may award Plaintiff punitive damages only if you are further satisfied by clear

and convincing evidence that in his conduct toward Bentley Fuller, Rick Wheat acted wantonly,
recklessly, or with oppression, fraud, or malice toward the plaintiff, you may in your discretion
award punitive damages against Rick Wheat in addition to the damages under Instruction No. 8.
As used in this Instruction, "oppression" means conduct which is specifically intended by
the defendant to subject the plaintiff to cruel and unjust hardship. As used in this Instruction,
"fraud" means an intentional misrepresentation, deceit, or concealment of material fact known to
the defendant and made with the intention of causing injury to the plaintiff. As used in this
Instruction, "malice" means either conduct which is specifically intended by the defendant to
cause tangible or intangible injury to the plaintiff or conduct that is carried out by the defendant
with a flagrant indifference to the rights of the plaintiff.
Your discretion to determine and award an amount, if any, of punitive damages is limited
to the following factors:
I. The harm to Bentley Fuller as measured by the damages you have awarded under

Instruction No. 8 caused by Rick Wheat's conduct toward Bentley Fuller;
2. The degree, if any, to which you have found from the evidence that Rick Wheat's
conduct toward Bentley Fuller was reprehensible, considering:
a. The degree to which Fuller had financial vulnerability;
b. The degree to which Wheat's conduct involved repeated actions as opposed to
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an isolated incident;
c. The degree to which the harm to Fuller was the result of intentional malice,
trickery, or deceit, or mere accident.
"Punitive damages" are damages awarded against a Defendant for punishing the
Defendant for his misconduct in this case and deterring the Defendant from engaging in similar
conduct in the future.
If you award punitive damages, they must be fixed with calm discretion and sound reason,
and must never be either awarded, or fixed in amount, because of any sympathy, or bias, or
prejudice with respect to any party to the case.
If you award punitive damages, you will state the amount separately from the sum or
sums under Instruction 8.

(I) Did Bentley Fuller prove by clear and convincing evidence that Rick Wheat acted
wantonly, recklessly, or with oppression, fraud, or malice?

YES:--------

NO: _ _~-----

Foreperson:

r
(
l.fvou answered "Ye "t p
.
s o art 1}, please proceed ro part (2) of the question.
answered "N "
h
·
o tot e questwn, please return to the court room.

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If you

(2) We the Jury award punitive damages in the amount of:

Foreperso

Please return to the courtfoom.

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