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Final Jury Instructions

Final Jury Instructions

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Published by ArgusJHult
Jury instructions in the case of Berg vs. Johnson & Johnson, wherein a Sioux Falls woman alleged that her use of talc-based body powder caused her ovarian cancer.
Jury instructions in the case of Berg vs. Johnson & Johnson, wherein a Sioux Falls woman alleged that her use of talc-based body powder caused her ovarian cancer.

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Published by: ArgusJHult on Oct 07, 2013
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12/10/2013

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTASOUTHERN DIVISIONDEANE BERG,CIV. 09-4179-KESPlaintiff,vs.
FINAL INSTRUCTIONSTO THE JURY
 JOHNSON & JOHNSON CONSUMERCOMPANIES, INC.,Defendant.
TABLE OF CONTENTS
FINAL INSTRUCTIONNO. 1 INTRODUCTION....................................1NO. 2 BURDEN OF PROOF................................2NO. 3 IMPEACHMENT....................................3NO. 4 CORPORATION AS PARTY............................4NO. 5 LOBBYING EFFORTS................................5NO. 6 STRICT LIABILITY FOR FAILURE TO WARN...............6NO. 7 – COMPLIANCE WITH INDUSTRY STANDARDS (STRICT LIABILITY).........................................8NO. 8 NEGLIGENCE.....................................9NO. 9 – COMPLIANCE WITH INDUSTRY STANDARDS (NEGLIGENCE)......................................................11NO. 10 CONTRIBUTORY NEGLIGENCE.......................12NO. 11 DAMAGES ......................................13NO. 12 PRESENT VALUE..................................14NO. 13 PRESENT VALUE CALCULATION......................16NO. 14 MORTALITY TABLE................................19NO. 15 PREJUDGMENT INTEREST..........................20NO. 16 PUNITIVE DAMAGES...............................21NO. 17 DUTIES DURING DELIBERATIONS....................24VERDICT FORM
Case 4:09-cv-04179-KES Document 326 Filed 10/04/13 Page 1 of 26 PageID #: 5216
 
FINAL INSTRUCTION NO. 1 – INTRODUCTIONMembers of the jury, the instructions I gave at the beginning of the trialand during the trial remain in effect. I now give you some additionalinstructions.You must continue to follow the instructions I gave you earlier, as well asthose I give you now. You must not single out some instructions and ignoreothers, because
all
are important. This is true even though some of those Igave you at the beginning of and during the trial are not repeated here. The instructions I am about to give you, as well as the preliminary instructions given to you at the beginning of the trial, are in writing and will beavailable to you in the jury room. This does not mean they are more importantthan my oral instructions.
All
instructions, whenever given and whether in writing or not, must be followed.Neither in these instructions nor in any ruling, action, or remark that Ihave made during the course of this trial have I intended to give any opinion orsuggestion as to what your verdict should be.
1
Case 4:09-cv-04179-KES Document 326 Filed 10/04/13 Page 2 of 26 PageID #: 5217
 
FINAL INSTRUCTION NO. 2 – BURDEN OF PROOFIn civil actions, the party who has the burden of proving an issue mustprove that issue by the greater convincing force of the evidence.Greater convincing force means that after weighing the evidence on bothsides there is enough evidence to convince you that something is more likely true than not true. In the event that the evidence is evenly balanced so that you are unable to say that the evidence on either side of an issue has thegreater convincing force, then your finding upon the issue must be against theparty who has the burden of proving it.In determining whether or not an issue has been proved by the greaterconvincing force, you should consider all of the evidence bearing upon thatissue, regardless of who produced it.
2
Case 4:09-cv-04179-KES Document 326 Filed 10/04/13 Page 3 of 26 PageID #: 5218

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