Immejdiatelyjupon retiring to the jury room, you shall elect aforeperson. To reach averdict,

Transcription

1 COMMONWEALTH OF KENTUCKY MEADE CIRCUIT COURT DIV. II CASE NO. 15-CI-404 :assidydaugherty vs. JURY INSTRUCTIONS SCARED AND COimFUSED, INC., d/b/a leldof SCREAMS *** *** *** INSTRUCTION NO. 1; Immejdiatelyjupon retiring to the jury room, you shall elect aforeperson. To reach averdict, r^ine or morejjurors must agree on the answer to each of the questions herein. The nine or more jurors who agrs:e onithe answer to one question, however, need not be the same who agree on the answer to andlher. if all twelve agree on the answer to a question, the foreperson alone needs to ign the answpi If less than twelve, butnine or more agree, thendl of those who agree must sign le answer. 1 of 9

2 The tq] n these inkni engaged!tiith INSTRUCTION NO. 2: rhi "ominary care" when referring to Defendant, Scared and Comfiised, Inc., as used Ctionsj means that degree of care the jury would expect an ordinarily prudent person samejtype of business to exercise under similar circumstances presented in thiscase. Thfti^im "ordinary care" when referring to Plaintiff, Cassidy Daugherty, as used in these instructions njij^^ans that degree ofcare the jury would expect an ordinarily prudent person to exercise under similar ircun^stances presentedin this case. 2 of9

3 INSTRUCTION NO. 3: It iittraction in a reaso 10 inform wa; cor )lnab the duty of Defendant, Scared and Comfiised, Inc., in operating its haunted outdoor 1 ; - ' ponl^ known as Field ofscreams to exercise ordinary care to maintain its premises y safeicondition for the use of its patrons, includmg Plaintiff; Cassidy Daugherty and ins ofor elimate any unreasonable dangers that would otherwise be undetected. 3 of 9

4 INSTRUCTION NO. 4; The jjjjry shau answer the following question inaccordance with the direction herein: m ;^omfused. sei ubstanila E tlon NO. 1; Do you believe from the evidence that Defendant, Scared and k, violated its duty as set out in Instruction No. 3, and that such violation was a '1 ' ptpr in Causing thefall and iiyuries about which Plaintiffcomplains? ANSWER "YES" OR "N0"_m. otm POREPERSON, IF UNANIMOUS J^OTE: K tl le Courti^o ihstructioijino 5. 'out answer to Question No. 1 is "no", your verdict is completed and you shall return to om jivithout answering any further questions. If your answer is "yes", please proceedto 4 of 9 V

5 INSTRUCTION NO. 5: [t rdinar cafe aiownas V he duty of Plaintiff, Cassidy Daugherty, upon the occasion in question, to exercise Dr her own safety and protection while at the haunted outdoor attraction coimnonly 1 ofscreams. )UEStlQ aer dut> he fall and as li' Q. 2; Do you believe from the evidence that Plaintiff, Cassidy Daugherty, violated forth jin Instruction No. 5, and that such violation was a substantial factor in causing uies sibout which she complains? i ; ". 1 ANSWER "YES" OR "NO" I. FOREPERSON, IF UNANIMOUS NOTE: iplelase proceed to Instruction No of 9

6 T] tt 16; JE INSTRUCTION NO. 6: ijry shall answer the following question in accordance with the direction herein: riqnno. 3: Ifyou answered Yes to both Question No. 1 and Question No. 2,thus inding Ifr le evidence that both Plaintiff arid Defendant failed to observe any one or more of Iheir duties he evidei )arties.; Ir ach partj that Such failure was a substantial factor in causing the fall, you will determine from and state below what percentage of the total fault was attributable to each of the ermining piercentages offault, you shall consider both the nature ofthe conduct of ault arid the extent of the causal connection between the conduct and the damages llaimedi. pe I PMk d^t, Scared and Comfused, Inc. %, Cassidy Daugherty % TOTAL 100 % FOREPERSON, IF UNANIMOUS lote: Pleis( aroceed to Instruction No of 9 A

7 T1 )UESTI ^ou findfr lanns ajnc [f ;hall in6h f^andtb INSTRUCTION NO. 7: y shall answer the following question in accordance with the direction herein: ihfo. 4; Without considering any relative fault ofthe parties, what sum ofmoney do the evidence will fairly and reasonably compensate Plaintiff for suchof the following es she sustained, ifany, as a direct result ofthe fall referred to inthe testimony? ietermine that Plamtiff is entitled to recover damages for her injuries, your award bmpehsation for losses attributable or related to any pre-existing condition, but only xtent, that suchpre-existing condition was aroused or aggravated by the fall herein. I. ) For feastthable expenses incurred for hospital, doctor, medical services, medical supplies, and phanjnaqei :al expenses to date, not to exceed $103, _, FOREPERSON, IF UNANIMOUS 7 of 9

8 \>) For IT BU and physical pain and suffering which Cassidy Daugherty has endured to date, incl uc evidefi h ny loss of enjoyment of life, in an amount you believe fair and reasonable from the resented, not to exceed $650, $,, FOREPERSON, IF UNANIMOUS 8 of9

9 m lej ill of your answers are final, your verdict is completed. Please notify the bailiff. i(^ou will Jtulnh to the courtroom shortly, thank you for your service. HON. RQEERT JUDGE, MEADE CIRCUIT COUtlT 9 of9