You are on page 1of 3

Auto accident jury instructions

Plaintiff’s Request for Jury Instructions
Source publication: Massachusetts Tort Law Manual Publication Date: 11/04/2009 EXHIBIT 10D-Plaintiff’s Request for Jury Instructions 1. Negligence is the failure to exercise the degree of care that a reasonable person would exercise under the circumstances. Morgan v. Lalumiere, 22 Mass. App. Ct. 262, 267, review denied, 398 Mass. 1103 (1986). 2. A negligent party is liable for the actual and proximate consequences of his or her negligent act. Wallace v. Ludwig, 292 Mass. 251, 254-55 (1935). 3. When a negligent party causes injury to an individual who has a preexisting disease or weakened physical condition, and that injury aggravates the preexisting disease or weakened physical condition, the negligent party is liable for the resulting aggravation of the preexisting disease or weakened physical condition McGrath v. G & P Thread Corp., 353 Mass. 60, 63 (1967); Wallace v. Ludwig, 292 Mass. 251, 256 (1935). 4. An individual may recover from a negligent party when the negligent party’s actions triggered a worsening of the individual’s diseased or weakened physical condition, even though such a worsening of that individual’s physical condition would have occurred at no very remote date from other causes. Edwards v. Warwick, 317 Mass. 573, 577-78 (1945). 5. A negligent party is responsible for the harmful results of the combined effects of his or her negligent acts and an individual’s preexisting disease or weakened physical condition. McGrath v. G & P Thread Corp., 353 Mass. 60, 63 (1967); Wallace v. Ludwig, 292 Mass. 252, 256 (1935). 6. If you find that one or all of the injuries alleged by the Plaintiff were caused either solely by the Defendant’s negligence or as a result of the combined effect of the Defendant’s negligent act and Plaintiff’s preexisting disease and/or weakened condition, you must award damages to the Plaintiff for medical expenses, pain and suffering, loss of function and loss of earning capacity both incurred from the date of the accident and reasonably likely to persist in the

11. Escobar. 577 (1935). • The Plaintiff is entitled to be compensated an amount of money that would fairly. rule or regulation in the operation of a motor vehicle may be the cause of a person’s injuries sustained in a motor vehicle accident where the unlawful or forbidden element in the operator’s conduct complained of is found to be the cause of the accident and resulting injuries. 597 (1935). If you find that the Defendant negligently caused the injury or aggravation of a preexisting disease or condition as a result of this accident. 339 (1932). Nisbet v. 267 Mass. 7. Wong.R.M. Ct. • • 8. If you find that the Defendant violated a statute. 356 Mass. 9. 289 Mass. 318 Mass. 336 Mass. 171 (1912). 876 (2002). Jennnings v. Boynton. it is evidence of negligence on the part of the defendant as to all consequences that the statute. justly and fully compensate him or her for all the pain and suffering. that the Plaintiff has suffered and will reasonably continue to suffer as a result of this accident. Medaglia. a finding of the Defendant’s negligence may be warranted on slight evidence of circumstances. b.. 10. Cochran v. 713 (1945). Hendler v. 580 (1970). Selectmen of Edgartown. The violation of a statute. Coffey. City of Boston. have due regard to the speed of such vehicle and the traffic upon and condition of the highway.06(7). Berube v. Famous Players-Lasky Corp. The Plaintiff is entitled to be compensated for the reasonable value of medical expenses incurred since the date of the accident. § 9. 278 Mass. Stowe v. Lech v." 720 C. 315 Mass. rule or regulation in the operation of a motor vehicle. 595. 289 Mass. 279 (1943). Bragdon. 868. . then the Plaintiff is entitled to be compensated for the following money damages: a. The Plaintiff is entitled to be compensated for his or her loss of earning capacity since the date of the accident. both physical and mental. 55 Mass. 501. Rodgers v. 634 (1958). Mason.future. "The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent. Truong v. rule or regulation was intended to prevent. In a rear-end collision between the front of the Defendant’s automobile and the rear of the Plaintiff’s vehicle. and for loss that is reasonably likely to persist into the future. 516 (1929). App. and those reasonably expected to be incurred by him or her in the future. Guinan v. 211 Mass. 711.

The reasonable person of ordinary prudence never takes unreasonable risk. 511.. The Defendant owed a duty to use reasonable and ordinary care in all the circumstances with respect to the operation of a motor vehicle. 198 (1964). App. Liability in negligence is founded on unreasonable risk taking. A plaintiff who has sustained physical injuries through the fault of a defendant is entitled to recover fair compensation for the injuries sustained. Murphy v. 273 Mass. mental distress.. 336 Mass. which include past. App. 273 Mass. Walters Amusement Agency. New England Transportation Co. 280 (1943). 56 Mass. 964 F. 276 (1930). based on common experience. Inhabitants of Shrewsbury v. 14. Central Greyhound Lines Inc. The circumstances of an automobile collision may create a reasonable inference. a preexisting condition of the Plaintiff was aggravated. 224. United States. 15. 919 (2002). If you find that the automobile collision was the fault of the Defendant and that. You may draw reasonable inferences from the facts that you find based on the evidence. 348 Mass. Reasonable care has been described as such care as person of reasonable.. then you may find that the Defendant was negligent. 341. 13. 343-44 (1929). Choicener v. the loss of amenities of life and the diminution of earning capacity. 279.) 177 (1853). Nawn. New England Transportation Co. Luz v. Anderson v. Peter Pan Bus Lines. Mass. as a result of the collision. loss of function. present and future pain and suffering endured by him or her. 1996). emotional distress and apprehension arising from the injuries. If you find that the Defendant failed to use reasonable care in all the circumstances by operating his or her motor vehicle at such a speed and at such a distance behind the Plaintiff’s vehicle that he or she was unable to stop and avoid a collision when he or she knew or ought to have anticipated that said vehicle had stopped or might stop. then the Defendant is still liable. 315 Mass. and reasonable expenses incurred by him or her for medical care and treatment of his or her injuries. 436 (1957). Adams v. 2. 5 Mass. Smith. A defendant takes his or her victim as he or she finds him or her. Ct. 275. Rodger v. 276 (1930).12. 209 Mass. Stop & Shop Inc. ordinary sense. Supp. 226 (1977).. 1. Pierce v. Murphy v.. of Peabody.. (12 Cush. Inc. prudence and capacity would exercise under similar circumstance. Ct. 3. 66 Mass. Harrington v. Boynton. 525 (D. that it would not nave occurred if the operator of the colliding vehicle had been careful. 275. . Inc.

5.::    .5..51:.6.5511.:9:765:/369.7.0.:69.65  09.  #'9.#3.51..5169 .:.:535.: 6:699535.::       651.:535069.33.30651.#3.6.0  1  .5.9550.51.9.9:633/...6569.4.:6.5.0015. 6.7.0..911..0.69410..2510651.:65.59:..064/510.1697  .519. 50991964.90.3 75:: 7.5.9:3.:79:..51:95 36::650.51:..65 64:. .336.6.:.65.:1 .251 7:0..5.:.331/.:.51#3.9439:3../3323.5136::6.679::.1.064/510./6.51.     535.5.3:79:.

7.0015.6:9../3323.7.0765...5.5.46.:5.6.6465.516936::.46:#3.30.6.1.31.#3.6/50991/46995..:690651..5133 9.:.469969.6795..:65. .3..:65.65.  1./370../3065.       '#3.51. 679.5.655.4.511..33065:850:..5.  %       651. 936993.169./3..5969...5.65.9 %619: 65..: 5.631 .31..903469036:3..5 .0015.... .51:95  /6.465..  ..:1506535065.:  .633654651.:: 77 ..9.31.19.33.9. .6336.65  ..5..::     / '#3.:65.#3.656.0015.51:.:1.0015.656 .:../3.93 :.:.9:3.:65.6/06475:.:.517915. 936993.::91. 151.51.9:.1.5: 9.1 ...7:0.9:3..535. '#3.9.65  .:...31.6.36410.3 75::50991:50.5.6:9.:.:716:003.9 !:/.3 .513306475:.::   '965 65   .5 .510651..91.9..4561.1.169.03:.56.7.5..9 9/ &30.6/06475:.5.51.51.1.. 609.:.5145.169:69936::6..9. ..6903 .:5. 5..5.:9.6.6.:65...656...3.63.79:.6.::      651..6 6:..6.:5.5..6.955 0..6/06475:.6/06475:.6 79::.5.3356.5.: 5.65  . .::         '1996...0...:50.3.

.::       '63..6  .69 034.656../.656.:65  .516:651..0015.515.9.559:  &.679..0015..:6.0.:..655.6903 ..9.::      5.36969/115345.5.69:06510.0. 936993..79:65:59:::.519:3.679. 06473.:2697  .9.:6.46.53.6/.46...

51 ..::    5139 6   .9  .5.15060904:.96.50: 0 :06/.5156..:53504.9.5.51.#3.965.165  .:03 .5.646/3.5.:.5./ .6.51.165:3.510633:65/.99.::     5555: 9.::    .

:.46.5.5./3.31:.5.:71.9:4:45..      '9.95.51 9.59:::./30.656  .6903.96.510.07.5..50 50  ..:65..51 .51. 0904:...9550.  ......359:.1:.679./35950:964..69:. 79:5..1.31.0.517:0.9 0904:.45.51'9.:165.5:769.55350:65116559.600991.6.:5.:63.67 .51.33..6569.::  .09.:65.45.93 .1/50.:: 77 ..67.5.9::.5:769.  97 !53.: 535.:.51 05031 7./3  6915.51.:65.5.9.:0 ..:03.7.95.:65./39:2  .9.50:6./35950  /.9:5: 79150.564.25  &./3.3.51..651/.9:70.31.19.90.97915059.63190:519:43.65 . 145.51.30.5:5: 50  .6:9..06331503.:65..0./379:6566915..51'9.9..5.679.6./3.995..0633:65569:25696.::      64..:.906475:. 150    73.:65..33.. :5.5.::  :    519:65 #.5:69946. %619 65.61.:1650644657950 .65.6771694..1:..51.5.:65...::       '51.9#..51..6.9. 0904:...7795:65..2:59.6:.36::6.6 :69959: 36::650.:65../61  .656.:65./..:/51:09/1.1.:79:6569.9:: 46.51:955191/4699 45.3.:::..9..7.:65.61..59:.9..656.3 1:.1 03.50:/679..6903  97 ! 53.:6&9:/9 &4.6.50/51.:0.#3.9..::00.:.50:./30.63156.65 5.396515:50   .67 &67 50 6#.696 .151.6:9..::       %.0.::     '0904:.9:5964.50 5.646/30633:654.51../39:2..97.69069.5...5...::     6059 .65  ../375::50991/469969410.656  .516915..  651.

:  &77     .9...::.:.51.:: 77 .51.656.50651.5.  1.5  . 51.79:.4..5.5.333..:.9:3.1&.4:  5..5..:69:51:4699 651 ..3..1 .0633:65 .::     151../3 #90 !.#3..646/30633:65...      .5..2::6990..6.:. ... 6.